§ 5-304. Notice of claim
West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2017
Effective: October 1, 2017
MD Code, Courts and Judicial Proceedings, § 5-304
§ 5-304. Notice of claim
(a) This section does not apply to an action:
(b)(1) Except as provided in subsections (a) and (d) of this section, an action for unliquidated damages may not be brought against a local government or its employees unless the notice of the claim required by this section is given within 1 year after the injury.
(c)(1) The notice required under this section shall be given in person or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, by the claimant or the representative of the claimant.
(d) Notwithstanding the other provisions of this section, unless the defendant can affirmatively show that its defense has been prejudiced by lack of required notice, upon motion and for good cause shown the court may entertain the suit even though the required notice was not given.
Credits
Added as Courts and Judicial Proceedings § 5-404 by Acts 1987, c. 594, § 1, eff. July 1, 1987. Amended by Acts 1988, c. 6, § 1, eff. Feb. 18, 1988; Acts 1989, c. 74, § 1, eff. July 1, 1989; Acts 1990, c. 6, § 2, eff. Feb. 16, 1990. Renumbered as Courts and Judicial Proceedings § 5-304 by Acts 1997, c. 14, § 9, eff. April 8, 1997. Amended by Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2006, c. 186, § 1, eff. July 1, 2006; Acts 2007, c. 123, § 1, eff. Oct. 1, 2007; Acts 2007, c. 315, § 1, eff. July 1, 2007; Acts 2009, c. 634, § 1, eff. Oct. 1, 2009; Acts 2009, c. 635, § 1, eff. Oct. 1, 2009; Acts 2014, c. 303, § 1, eff. July 1, 2014; Acts 2015, c. 131, § 1, eff. Oct. 1, 2015; Acts 2016, c. 101, § 1, eff. July 1, 2016; Acts 2016, c. 624, § 1, eff. Oct. 1, 2016; Acts 2017, c. 12, § 1, eff. Oct. 1, 2017; Acts 2017, c. 656, § 1, eff. Oct. 1, 2017.
MD Code, Courts and Judicial Proceedings, § 5-304, MD CTS & JUD PRO § 5-304
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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