Courts and Judicial Proceedings (GCJ) — Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action

In this subtitle the following terms have the meanings indicated.

“Absentee” means a person who has disappeared.

“Court” means a court having jurisdiction as provided in § 13-105(b) of the Estates and Trusts Article.

A provision in any policy of life or accident insurance, or in the charter or bylaws of any mutual or fraternal insurance association concerning the effect to be given to evidence of death or absence, is invalid if the policy was executed or the provision adopted after May 31, 1941.

If the policy, charter, or bylaws, executed or adopted after May 31, 1941, contains a provision which requires a beneficiary to bring suit upon a claim of death within one year or other period after the death of the insured and the fact of absence of the insured is relied upon by the beneficiary as evidence of the death, notwithstanding the provisions in the policy, charter, or bylaws, the action may be filed within the period of limitations for filing an action for breach of contract.

For purposes of this section, the period of limitations runs from the date the beneficiary gives written notice of the absence to the insurer, or if notice is not given, from the date the beneficiary last heard about the insured. The notice shall be given within one year from the date the beneficiary last heard about the absent insured.

Upon application, the court may direct the guardian to make search for the absentee in any manner the court considers advisable, including one or more of the following methods:

The expenses of the search shall be taxed as costs and paid out of the property of the absentee.

If the court declares that the person is dead, it may terminate the guardianship proceedings pursuant to § 13-221 of the Estates and Trusts Article.

Unless the court has terminated the guardianship proceeding under subsection (a) of this section, the court, after a lapse of five years from the appointment of a guardian or a lapse of one year when the person has been missing for more than 20 years, may enter a decree declaring that all interest of the absentee in his property has ceased, provided the absentee has not appeared in the meantime. The court then shall terminate the guardianship proceeding as if the absentee had died.

If the guardianship is terminated under § 3-106(b) of this subtitle, the court may direct the payment to the beneficiaries of any sum due and unpaid under any policy of insurance on the life of the absentee, if the claim is uncontested by the insurer.

If the guardianship is terminated under § 3-106(b) of this subtitle and an insurer contests a claim under subsection (a) of this section, the court has jurisdiction of the matter and shall determine, with the aid of a jury if one is called for, the issue of death of the absentee and any other issue arising under the policy.

In any proceeding under this section, if the absentee is not found to be dead and the policy provides for a surrender value, the beneficiary may request the guardian to demand the payment of surrender value. The guardian’s receipt for the payment is a release to the insurer of all claims under the policy. The guardian shall pay to the beneficiary (or to the absentee’s estate, if the beneficiary has not survived the absentee) the sum so received, less the amount allowed by the court as costs of the proceedings under this section.

If the survival of a named beneficiary is not established, the provisions of this subtitle apply as if the proceeds of insurance were a part of the estate of the absentee.

After termination of the guardianship under § 3-106 of this subtitle, the court shall distribute the remaining property in accordance with Title 13 of the Estates and Trusts Article, and this subtitle.

The order of distribution shall be final and binding upon any person, including the absentee.

In this subtitle the following terms have the meanings indicated.

“Court” means a court of equity.

“Guardian” means a person appointed by a court as guardian of the person or property or both of a disabled person.

“Personal representative” means an executor, administrator, or special administrator.

An initial petition shall be filed with the court in the county:

If the agreement does not provide for a county in which the petition shall be filed or if the hearing has not been held, the petition shall be filed with the court in:

A subsequent petition shall be filed with the court hearing the initial petition unless the court directs otherwise.

Except as otherwise provided, a petition under this subtitle shall be heard in the manner and upon the notice provided by law or rule of court for the procedures when a petition is filed in an action.

Unless the parties agree otherwise, notice of the initial petition for an order shall be served in the manner provided by law or rule of court for the service of summons in an action.

Except as otherwise provided in this subtitle, a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy arising between the parties in the future is valid and enforceable, and is irrevocable, except upon grounds that exist at law or in equity for the revocation of a contract.

This subtitle does not apply to an arbitration agreement between employers and employees or between their respective representatives unless it is expressly provided in the agreement that this subtitle shall apply.

In this section, “consumer” means a party to an arbitration agreement who, in the context of the arbitration agreement, is an individual, not a business, who seeks or acquires, including by lease, any goods or services primarily for personal, family, or household purposes including financial services, health care services, or real property.

If a party to an arbitration agreement described in § 3-202 of this subtitle refuses to arbitrate, the other party may file a petition with a court to order arbitration.

If the opposing party denies existence of an arbitration agreement, the court shall proceed expeditiously to determine if the agreement exists.

If the court determines that the agreement exists, it shall order arbitration. Otherwise it shall deny the petition.

If a party denies existence of the arbitration agreement, he may petition a court to stay commenced or threatened arbitration proceedings.

If the court determines that existence of the arbitration agreement is in substantial and bona fide dispute, it shall try this issue promptly and order a stay if it finds for the petitioner. If the court finds for the adverse party, it shall order the parties to proceed with arbitration.

A court shall stay any action or proceeding involving an issue subject to arbitration if:

If the issue subject to arbitration is severable, the court may order the stay with respect to this issue only.

If a petition to stay has been filed with a court where any action or proceeding concerning arbitration is pending, the court’s order to arbitrate shall include the stay.

On the ground that the claim in issue lacks merit or bona fides; or

Because a valid basis for the claim sought to be arbitrated has not been shown.

If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed.

In the absence of a provision in the agreement, a party may file a petition with a court to appoint one or more arbitrators.

A court shall appoint one or more arbitrators if:

A court appointed arbitrator has all the powers of an arbitrator specifically named in the agreement.

The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear.

On petition of a party, the court may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.

At an arbitration hearing, the parties have the right:

Arbitrators are not bound by the technical rules of evidence.

The majority of the arbitrators may determine any question and render a final award.

If an arbitrator for any reason ceases to act during the course of the arbitration hearing, the remaining arbitrators or arbitrator appointed to act as neutral, may continue with a hearing and the determination of the controversy.

A party has the right to be represented by an attorney at any proceeding or hearing under this subtitle.

A waiver of the right to be represented by an attorney prior to the proceeding or hearing is ineffective.

The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and have the power to administer oaths.

At the arbitration hearing a witness shall be sworn:

All provisions of law which compel a person under subpoena to testify apply to proceedings under this subtitle.

The witness cannot be subpoenaed; or

The witness is unable to attend a hearing.

The arbitration award shall be in writing and signed by the arbitrators who joined in the award.

The arbitrators shall deliver a copy of the award to each party:

A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.

The arbitrators may, and on application of a party shall, order that part or all of the proceedings be transcribed.

The record made from the transcript shall be available to either side for purpose of appeal or otherwise.

Unless the arbitration agreement provides otherwise, the award shall provide for payment of the arbitrators’ expenses, fees, and any other expense incurred in the conduct of the arbitration.

Unless the arbitration agreement provides otherwise, the award may not include counsel fees.

A party may apply to the arbitrators to modify or correct an award within 20 days after delivery of the award to the applicant.

A written notice of an application to modify or correct the award shall be given to the opposing party, stating that he shall serve any objection to the application within ten days.

The arbitrators may modify or correct an award:

The arbitrators shall modify or correct an award consistent with the order of court, if a petition under § 3-223, § 3-224, or § 3-227 of this subtitle is pending.

The modified or corrected award is subject to the provisions of §§ 3-223, 3-224, and 3-227 of this subtitle.

A petition to modify or correct the award shall be filed within 90 days after delivery of a copy of the award to the applicant.

The court shall modify or correct the award if:

If the petition is granted, the court shall modify or correct the award to effect its intent and confirm the award as modified or corrected. Otherwise, the court shall confirm the award as made.

An application to modify or correct an award may be joined, in the alternative, with an application to vacate the award.

The court shall vacate an award if:

The court shall not vacate the award or refuse to confirm the award on the ground that a court of law or equity could not or would not grant the same relief.

If any award is vacated on grounds other than those stated in § 3-224(b)(5) of this subtitle, the court may order a rehearing before new arbitrators selected by the parties as provided by the agreement, or by the court in the absence of an agreement as provided in § 3-211 of this subtitle.

If the award is vacated on grounds set forth in § 3-224(b)(3) and (4) of this subtitle, the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with § 3-211 of this subtitle.

The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order or at a time specified by the court.

A party may petition the court to confirm the award.

The court shall confirm the award, unless the other party has filed an application to vacate, modify, or correct the award within the time provided in §§ 3-222 and 3-223 of this subtitle.

If an application to vacate, modify, or correct the award has been filed, the court shall proceed as provided in §§ 3-223 and 3-224 of this subtitle.

A court may award costs of the petition, the subsequent proceedings, and disbursements.

Notwithstanding the death of a party who made a written agreement to submit a controversy to arbitration, the arbitration proceedings may begin or continue if an application has been filed by or notice given to his personal representative.

If a guardian has been appointed, the proceedings may be continued:

Upon the death or incompetence of a party, the court may extend the time within which a petition to confirm, vacate, or modify the award, or to stay arbitration, must be made.

If a party dies after an award was delivered, the subsequent proceedings are the same as where a party dies after a verdict.

If a party dies before an award is returned and judgment rendered, the cause does not abate and the arbitrators shall give a reasonable notice of the pending proceedings to the personal representative.

Notwithstanding the death of a party, the arbitrators shall proceed with a determination and return their award upon which judgment may be entered.

In this subtitle the following terms have the meanings indicated unless the context of their use requires otherwise.

“Arbitration panel” means the arbitrators selected to determine a health care malpractice claim in accordance with this subtitle.

“Court” means a circuit court for a county.

“Director” means the Director of the Health Care Alternative Dispute Resolution Office.

“Economic damages” retains its judicially determined meaning.

“Medical injury” means injury arising or resulting from the rendering or failure to render health care.

“Noneconomic damages” means:

A claim filed under this subtitle and an initial pleading filed in any subsequent action may not contain a statement of the amount of damages sought other than that they are more than a required jurisdictional amount.

Except as otherwise provided, the Maryland Rules shall apply to all practice and procedure issues arising under this subtitle.

The Health Care Alternative Dispute Resolution Office is created as a unit in the Executive Department. It is headed by a Director appointed by the Governor with the advice and consent of the Senate.

The Director shall by regulation determine the fees that may be charged by arbitrators for services rendered by them in proceedings conducted pursuant to this subtitle.

There is a Health Claims Arbitration Fund.

At the time of the filing of any claim or a response to a claim, the Director shall collect a fee of:

The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.

Unless the sole issue in the claim is lack of informed consent:

An arbitrator shall have the immunity from suit described under § 5–615 of this article.

The attorney member of the panel shall be chairman and he shall decide all prehearing procedures including issues relating to discovery and motions in limine. The chairman shall rule in camera on any motion in limine.

A party may not present testimony from more than 2 experts in a designated specialty before an arbitration panel unless the panel chairman, for good cause shown, permits additional experts.

Subject to § 3–2A–06 of this subtitle, the award of the panel shall be final and binding on the parties. After the time for either rejecting or modifying the award has expired the Director may, or, when requested by any party, shall file a copy of the award with the circuit court having proper venue, as provided in Title 6, Subtitle 2 of this article and the court shall confirm the award. Upon confirmation the award shall constitute a final judgment.

Except for time limitations pertaining to the filing of a claim or response, the Director or the panel chairman, for good cause shown, may lengthen or shorten the time limitations prescribed in subsections (b) and (g) of this section and § 3–2A–04 of this subtitle.

A party may reject an award or the assessment of costs under an award for any reason. A notice of rejection must be filed with the Director and the arbitration panel and served on the other parties or their counsel within 30 days after the award is served upon the rejecting party, or, if a timely application for modification or correction has been filed within 10 days after a disposition of the application by the panel, whichever is greater.

An allegation by any party that an award or the assessment of costs under an award is improper because of any ground stated in § 3-223(b) or § 3-224(b)(1), (2), (3), or (4) of this title or § 3-2A-05(h) of this subtitle shall be made by preliminary motion, and shall be determined by the court without a jury prior to trial. Failure to raise such a defense by pretrial preliminary motion shall constitute a waiver of it. If the court finds that a condition stated in § 3-223(b) of this title exists, or that the award or the assessment of costs under an award was not appropriately modified in accordance with § 3-2A-05(h) of this subtitle, it shall modify or correct the award or the assessment of costs under an award. If the rejecting party still desires to proceed with judicial review, the modified or corrected award shall be substituted for the original award. If the court finds that a condition stated in § 3-224(b)(1), (2), (3), or (4) of this title exists, it shall vacate the award, and trial of the case shall proceed as if there had been no award.

Unless vacated by the court pursuant to subsection (c) of this section, the unmodified arbitration award is admissible as evidence in the judicial proceeding. The award shall be presumed to be correct, and the burden is on the party rejecting it to prove that it is not correct.

If the verdict of the trier of fact is not more favorable to the party that rejected the arbitration panel’s award, than was the award, the costs of the judicial proceedings shall be assessed against the rejecting party. Otherwise, the court may determine the assessment of such costs. If the court vacates an assessment of arbitration costs, it shall reassess those costs as justice requires.

Venue shall be determined in accordance with the provisions of § 6-201 of this article.

The clerk of the court shall file a copy of the verdict or any other final disposition with the Director.

At any time before the hearing of a claim with the Health Care Alternative Dispute Resolution Office, the parties may agree mutually to waive arbitration of the claim, and the provisions of this section then shall govern all further proceedings on the claim.

After filing the election to waive arbitration, the plaintiff may not join an additional health care provider as a defendant in any action brought under subsection (c) of this section unless a written election to waive arbitration has been filed by that health care provider under subsection (b) of this section.

In any case subject to this section, the procedures of § 3-2A-06(f) of this subtitle shall apply.

The provisions of this section apply only if no party waives arbitration of the claim under the provisions of § 3-2A-06B of this subtitle.

Arbitration of a claim with the Health Care Alternative Dispute Resolution Office may be waived by the claimant or any defendant in accordance with this section, and the provisions of this section shall govern all further proceedings on any claim for which arbitration has been waived under this section.

After filing, the written election shall be binding upon all parties.

After the filing of an election to waive arbitration under this section, if a party joins an additional health care provider as a defendant in an action, the party shall file a certificate of qualified expert required by § 3-2A-04(b) of this subtitle with respect to the additional health care provider.

In any case subject to this section, the procedures of § 3-2A-06(f) of this subtitle shall apply.

In addition to the qualifications and requirements of Title 17 of the Maryland Rules, the Supreme Court of Maryland may adopt rules requiring a mediator, neutral provider, or individual conducting a settlement conference to have experience with health care malpractice claims.

Within 30 days of the later of the filing of the defendant’s answer to the complaint or the defendant’s certificate of a qualified expert under § 3–2A–04 of this subtitle, the court shall order the parties to engage in alternative dispute resolution at the earliest possible date.

The mediator, neutral provider, or individual conducting a settlement conference shall schedule an initial conference with the parties as soon as practicable.

A neutral expert may be employed in alternative dispute resolution under this section as provided in Title 17 of the Maryland Rules.

In accordance with Maryland Rule 17–109, the outline described in subsection (h) of this section and any written or oral communication made in the course of a conference under this section:

Unless excused by the mediator, neutral provider, or individual conducting a settlement conference, the parties and the claims representative for each defendant shall appear at all conferences held under this section.

A party who fails to comply with the provisions of subsection (h), (k), or (l) of this section is subject to the sanctions provided in Maryland Rule 2–433.

Unless otherwise agreed by the parties, the costs of alternative dispute resolution shall be divided equally between the parties.

An individual who conducts alternative dispute resolution shall have the immunity from suit described under § 5–615 of this article.

Subject to the provisions of this section:

For purposes of the certification requirements of this section:

If the arbitration panel finds that the conduct of any party in maintaining or defending any action is in bad faith or without substantial justification, the panel may require the offending party, the attorney advising the conduct, or both, to pay to the adverse party the costs of the proceeding and reasonable expenses, including reasonable attorney’s fees, incurred by the adverse party in opposing it. A determination made under this subsection shall become part of the panel award and subject to judicial review.

If a legal fee is in dispute, an attorney may not charge or collect compensation for services rendered in connection with an arbitration claim unless it is approved by the arbitration panel, or by the court in the event an action to nullify a panel determination has been filed therein.

Evidence of advanced payments made pursuant to § 19-104(b) of the Insurance Article is not admissible in any arbitration or judicial proceeding for damages due to medical injury until there is an award, in the case of arbitration proceedings, or a verdict, in the case of judicial proceedings, in favor of the claimant and against the person who made the advanced payments. Upon the finding of such an award or verdict, the arbitration panel, or the trier of fact, shall make a finding of total damages, and shall then deduct whatever amounts it finds were paid by or on behalf of the defendants pursuant to § 19-104(b) of the Insurance Article. The net amount, after this deduction, shall be entered as its award or verdict.

If the award or verdict exceeds the amount of advanced payments and the arbitration panel or the court finds that the advanced payments were reasonable, the panel or the court may (1) order that the amount by which the award or verdict exceeds the amount of advanced payments be paid over a period of time consistent with the needs of the claimant, rather than in a lump sum, and (2) authorize, as part of its order, the creation of a trust or other mechanism to assure the periodic payments. The panel or court shall provide to the claimant the option to choose either a lump sum or payments paid over a period of time.

If the advanced payment exceeds the liability of the person making it, the arbitration panel or the court on appeal may order such adjustments as justice may require under the award or verdict, including, where appropriate, contribution by other parties found to be liable. In no event shall an advance payment in excess of the liability of the person making it be repayable by the person receiving it.

In this section, “costs” means the costs described under Maryland Rule 2-603.

This section does not apply to cases dismissed following a settlement.

If the judgment finally obtained is not more favorable to the adverse party than the offer, the adverse party who received the offer shall pay the costs of the party making the offer incurred after the making of the offer.

This section applies to an award under § 3-2A-05 of this subtitle or a verdict under § 3-2A-06 of this subtitle for a cause of action arising on or after January 1, 2005.

In this subtitle the following terms have the meanings indicated.

“Arbitral tribunal” means a sole arbitrator or a panel of arbitrators.

Promote international commercial arbitration in this State;

Enforce arbitration agreements by parties in international commercial transactions;

Facilitate the prompt and efficient resolution by arbitration of disputes in international commercial agreements and transactions; and

Promote uniformity in the law of international commercial arbitration in the United States.

In all matters relating to the process and enforcement of international commercial arbitration and awards, the laws of Maryland shall be the arbitration statutes and laws of the United States.

This subtitle shall be interpreted and construed as to promote uniformity in the law of international commercial arbitration in the United States.

To enforce agreements and orders providing for international commercial arbitration;

To enter judgments on arbitration awards; and

To recognize and enforce in accordance with this subtitle arbitration awards rendered in foreign countries.

Any complaint filed in circuit court with respect to international commercial arbitration shall be filed with the court in the county:

If the agreement does not provide for a county in which a complaint shall be filed or if the hearing has not been held, the complaint shall be filed with the court:

Unless the arbitration agreement provides otherwise, the arbitral tribunal in an international commercial arbitration in this State may, at the request of a party and after an opportunity for any other party to the arbitration agreement to be heard, order any party to post security or countersecurity in a form satisfactory to the arbitral tribunal in an amount not to exceed the amount of that party’s claim, cross-claim, or counterclaim (excluding attorneys’ fees) if:

In an international commercial arbitration proceeding in this State, a court of this State may not intervene unless otherwise permitted by this subtitle and the statutes and laws incorporated by this subtitle.

Notwithstanding any other provision of law, the court shall make any determination provided for in this subtitle without a jury.

A party to an action involving international commercial arbitration may appeal:

An appeal from the circuit court in an action involving international commercial arbitration may not be taken from an interlocutory order:

In this subtitle the following words have the meanings indicated.

“Claim” means a civil action, including an original claim, counterclaim, cross-claim, or third-party claim, originally filed in a circuit court or United States District Court against a licensed professional or the employer, partnership, or other entity through which the licensed professional performed professional services that is based on the licensed professional’s alleged negligent act or omission in rendering professional services, within the scope of the professional’s license, permit, or certificate, for others.

“Licensed professional” means:

Discovery by the defendant as to the basis of the certificate of a qualified expert shall be available.

A court of equity or a court of law, including the District Court, may issue an attachment on a judgment or decree in lieu of any other execution.

A plaintiff may attach a debt due the defendant on a judgment or decree of a court of law or equity, including the District Court.

If the property attached consists of a debt due the defendant on a judgment, the attachment does not prevent the issuance of execution of the judgment, provided the writ of execution shall direct the proceeds of the execution to be brought into court, subject to further order of the court to abide the result in the attachment.

An attachment before judgment may issue in any of the instances in this section.

If the debtor is a nonresident individual, or a corporation which has no resident agent in this State, and:

If a resident individual defendant or an agent authorized to accept process for a corporation has acted to evade service.

If the debtor has absconded or is about to abscond from the State; or if an individual has removed, or is about to remove, from his place of abode in the State with intent to defraud his creditors.

If the debtor is deceased and an adult nonresident is entitled by descent or devise from the debtor to any land or interest in land in the State, an attachment may issue against that land or interest held by descent or devise from the person indebted.

If any person who is required to be but is not licensed under the provisions of the Maryland Home Improvement Law, in an action against that person arising out of a home improvement transaction.

An attachment under § 3-303(b), (d), and (g) of this subtitle may issue in an action based on contract, whether the damages are liquidated or unliquidated, or in an action based on tort.

An attachment under § 3-303(c), (e), and (f) of this subtitle may issue only in an action based on contract for liquidated damages.

Except for the District Court, a court of record within its jurisdiction may declare rights, status, and other legal relations whether or not further relief is or could be claimed. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for.

The enumeration in §§ 3–406, 3–407, 3–408, and 3–408.1 of this subtitle does not limit or restrict the exercise of the general powers conferred in subsection (a) of this section in any proceeding where declaratory relief is sought and in which a judgment or decree will terminate the controversy or remove an uncertainty.

In any proceeding which involves the validity of a municipal or county ordinance or franchise, the municipality or county shall be made a party and is entitled to be heard.

If the statute, municipal or county ordinance, or franchise is alleged to be unconstitutional, the Attorney General need not be made a party but, immediately after suit has been filed, shall be served with a copy of the proceedings by certified mail. He is entitled to be heard, submit his views in writing within a time deemed reasonable by the court, or seek intervention pursuant to the Maryland Rules.

Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;

Direct the personal representative, guardian, or other fiduciary or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

Determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

In this section, “Commissioner”, “land”, and “patent” have the same meanings as provided in Title 13 of the Real Property Article.

A court shall render a declaratory judgment in a land patent proceeding on being requested to do so under § 13-407 of the Real Property Article. The party filing for the declaratory judgment shall attach as exhibits copies of any relevant material filed with the Commissioner.

The declaration shall be made according to the provisions of this subtitle and Title 13 of the Real Property Article. The declaratory judgment may be appealed as provided in this article and the Maryland Rules.

The declaration of the court shall be binding on all of the land, regardless of whether some of the land is located in a county other than where the court is located.

Except as provided in subsection (d) of this section, a court may grant a declaratory judgment or decree in a civil case, if it will serve to terminate the uncertainty or controversy giving rise to the proceeding, and if:

If a statute provides a special form of remedy for a specific type of case, that statutory remedy shall be followed in lieu of a proceeding under this subtitle.

A party may obtain a declaratory judgment or decree notwithstanding a concurrent common-law, equitable, or extraordinary legal remedy, whether or not recognized or regulated by statute.

Proceeding by declaratory judgment is not permitted in any case in which divorce or annulment of marriage is sought.

A court may order a speedy hearing of an action of a declaratory judgment and may advance it on the calendar.

Further relief based on a declaratory judgment or decree may be granted if necessary or proper.

An application for further relief shall be by petition to a court having jurisdiction to grant the relief.

If the application is sufficient, the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted.

A single or married woman whose character or reputation for chastity is defamed by any person may maintain an action against that person.

The husband may maintain an action of slander against any person for words spoken falsely and maliciously about his wife for her character or reputation for chastity before or during the marriage.

Upon proof of actual malice on part of the owner, licensee, or operator of the broadcasting station or network of stations and his agents or employees, punitive damages may be assessed.

Prove that the party has property from which the damages may be collected; or

Give bond in an amount to be determined by the court and with security approved by the court, to perform the contract or pay all costs and damages that may be adjudged for breach or nonperformance against the party resisting specific enforcement.

A person committed, detained, confined, or restrained from his lawful liberty within the State for any alleged offense or under any color or pretense or any person in his behalf, may petition for the writ of habeas corpus to the end that the cause of the commitment, detainer, confinement, or restraint may be inquired into.

If it appears to the judge from the petition for the writ or otherwise, that a petitioner, confined as a result of sentence for a criminal offense or judgment in a juvenile proceeding has previously been given a hearing on a prior petition for release from confinement under the same commitment, it is discretionary with the judge whether or not to issue the writ.

In exercising his discretion the judge may consider whether new grounds of a substantial nature appear to exist for granting of the writ or whether the grounds for the issuance of any former writ were fully and adequately presented.

On return of a writ of habeas corpus and production of a person and cause of his detention before a judge, the judge shall immediately inquire into the legality and propriety of the confinement or detention.

If it appears to the judge that the person is detained without legal warrant or authority, he shall release or discharge the person immediately.

If the judge considers the detention lawful and proper, the person shall be:

If the person is admitted to bail, the judge shall take a recognizance for his appearance in court and transmit it to a court having jurisdiction over the offense charged.

Except as provided in subsection (b) of this section, a person who has been released on habeas corpus may not be imprisoned or committed in connection with the same offense.

A person who has been released on habeas corpus may be imprisoned or committed in connection with the same offense:

If a person is released or discharged by a judge under the writ of habeas corpus on the ground that the law under which the person was convicted is unconstitutional, in whole or in part, the judge shall file a memorandum within five days after the release or discharge and transmit it with original papers in the case to the clerk of the Appellate Court of Maryland.

If a judge refuses to issue a writ of habeas corpus sought for the purpose of determining the right to bail, or if a judge sets bail claimed to be excessive prior to trial or after conviction, but prior to final judgment, a petitioner may apply to the Appellate Court of Maryland for leave to appeal from the refusal.

In this subtitle the following words have the meanings indicated.

“Abuse” means:

“Adjudicatory hearing” means a hearing under this subtitle to determine whether the allegations in the petition, other than the allegation that the child requires the court’s intervention, are true.

“Adult” means an individual who is at least 18 years old.

“Child” means an individual under the age of 18 years.

“Child in need of assistance” means a child who requires court intervention because:

“CINA” means a child in need of assistance.

“Commit” means to transfer custody.

“Court” means the circuit court for a county sitting as the juvenile court.

“Custodian” means a person or governmental agency to whom custody of a child has been given by order of court, including a court other than the juvenile court.

“Custody” means the right and obligation, unless otherwise determined by the court, to provide ordinary care for a child and determine placement.

“Developmental disability” means a severe chronic disability of an individual that:

“Disposition hearing” means a hearing under this subtitle to determine:

“Guardian” means a person to whom guardianship of a child has been given by order of court, including a court other than the juvenile court.

“Guardianship” means an award by a court, including a court other than the juvenile court, of the authority to make ordinary and emergency decisions as to the child’s care, welfare, education, physical and mental health, and the right to pursue support.

“Labor trafficking” means knowingly:

“Local department” means:

“Mental injury” means the observable, identifiable, and substantial impairment of a child’s mental or psychological ability to function.

“Parent” means a natural or adoptive parent whose parental rights have not been terminated.

“Qualified residential treatment program” means a program within a licensed child care institution that provides continuous, 24–hour care and supportive services to children in a residential, nonfamily home setting that:

“Reasonable efforts” means efforts that are reasonably likely to achieve the objectives set forth in § 3–816.1(b)(1) and (2) of this subtitle.

“Relative” means an individual who is a kinship caregiver, as defined in § 5–534 of the Family Law Article.

“Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act.

“Sexual abuse” means an act that involves:

“Sexual molestation or exploitation” includes:

“Shelter care” means a temporary placement of a child outside of the home at any time before disposition.

“Shelter care hearing” means a hearing held before disposition to determine whether the temporary placement of the child outside of the home is warranted.

“TPR proceeding” means a proceeding to terminate parental rights.

“Voluntary placement” means a placement in accordance with § 5–525(b)(1)(i) or (iii) or (3) of the Family Law Article.

“Voluntary placement hearing” means a hearing to obtain a judicial determination as to whether continuing a voluntary placement is in the best interests of the child.

The purposes of this subtitle are:

This subtitle shall be construed liberally to effectuate these purposes.

In addition to the jurisdiction specified in Subtitle 8A of this title, the court has exclusive original jurisdiction over:

In this section, “uniformed services” has the meaning stated in § 9–901 of the State Government Article.

If the court obtains jurisdiction over a child, that jurisdiction continues in that case until the child reaches the age of 21 years, unless the court terminates the case.

After the court terminates jurisdiction, a custody order issued by the court in a CINA case:

Notwithstanding subsection (c) of this section, if the court enters an order directing the provision of services to a child under § 3–819(c)(3) or § 3–823(h)(2)(vii) of this subtitle, the court retains jurisdiction to rule on any motion related to the enforcement, modification, or termination of the order, for as long as the order is effective.

If information about a child is alleged to be available in another jurisdiction in or outside of this State, the court, on its own motion or on motion of a party, may use the provisions of the Maryland Uniform Child Custody Jurisdiction Act to obtain that information.

To the extent feasible, the judges assigned under this section shall: