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§ 11-513. Recognizance for appearance of person to answer or testify

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 11. Judgments (Refs & Annos)
Subtitle 5. Execution (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 11-513
§ 11-513. Recognizance for appearance of person to answer or testify
Forfeiture of recognizance
(a) If a recognizance taken for the appearance of a person to answer or testify is forfeited, the State's Attorney may order a writ of execution to be issued for the sum due on the recognizance.
Issuance of writ of execution
(b) If a writ of execution is issued against a person who failed to answer or testify, on the return of the execution he may file any plea to the execution which would be good and sufficient to a scire facias if a scire facias had issued on the recognizance.
Discharge from forfeiture
(c) If the plea is determined in favor of the person who filed the plea, he shall be discharged from the forfeiture. However, he may not be discharged from the execution before a hearing on the plea unless he:
(1) Pays or satisfies the execution;
(2) Gives a bond payable to the State; or
(3) Enters into a recognizance in court with security in double amount of the forfeiture and costs due on the execution with condition to appear and plead in discharge of the execution, and abide by and fulfill the judgment on the recognizance.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974.
Formerly Art. 75, §§ 9, 10.
MD Code, Courts and Judicial Proceedings, § 11-513, MD CTS & JUD PRO § 11-513
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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