Home Table of Contents

§ 2-207. Recording and indexing of discharge papers required

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2015

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 2. Court Personnel (Refs & Annos)
Subtitle 2. General Duties of Clerk (Refs & Annos)
Effective: October 1, 2015
MD Code, Courts and Judicial Proceedings, § 2-207
§ 2-207. Recording and indexing of discharge papers required
Currentness
Construction with State Government Article
(a) For purposes of this section, “person in interest” has the meaning stated in § 4-101(g) of the General Provisions Article.
Record and index of discharge papers
(b) The clerk of the circuit court of each county shall keep a book and record and index in the book the discharge papers of any person who:
(1) At any time has served in the armed forces of the United States; and
(2) Presents the discharge papers of the person for recording.
Fee for recording or indexing discharge papers
(c) A clerk may not charge a fee for recording or indexing discharge papers.
Record kept by clerk admissible in evidence
(d) The record kept by the clerk, or a certified copy of the record, is admissible in evidence in any court in the State.
Inspection of book, or record and index in book
(e)(1) A clerk shall deny inspection of the book, and the record and index in the book, described in this section except:
(i) To a party in a civil, administrative, or criminal proceeding in a federal or state court or government agency, or the party's attorney, who presents evidence satisfactory to the clerk that the inspection is related to admitting the record or a certified copy of the record in evidence in the proceeding;
(ii) To a person in interest;
(iii) In accordance with a subpoena or court order; or
(iv) For good cause shown, to a relative of the person who is the subject of the discharge papers, if the request for inspection is made at least 70 years after the discharge papers were presented for recording.
(2) A clerk may provide a certified copy of a record described in this section only:
(i) To a party in a civil, administrative, or criminal proceeding in a federal or state court or government agency, or the party's attorney, who presents evidence satisfactory to the clerk that the certified copy is for the purpose of admission in evidence in the proceeding;
(ii) To a person in interest;
(iii) In accordance with a subpoena or court order; or
(iv) For good cause shown, to a relative of the person who is the subject of the discharge papers, if the request for a certified copy is made at least 70 years after the discharge papers were presented for recording.

Credits

Added by Acts 1997, c. 31, § 1, eff. Oct. 1, 1997. Amended by Acts 2003, c. 324, § 1, eff. Oct. 1, 2003; Acts 2014, c. 104, § 2, eff. Oct. 1, 2014; Acts 20145 c. 22, § 5.
Formerly Art. 17, § 4.
MD Code, Courts and Judicial Proceedings, § 2-207, MD CTS & JUD PRO § 2-207
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document