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RULE 3-308. DEMAND FOR PROOF

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 3. Civil Procedure--District Court
Chapter 300. Pleadings and Motions
MD Rules, Rule 3-308
RULE 3-308. DEMAND FOR PROOF
When the defendant desires to raise an issue as to (1) the legal existence of a party, including a partnership or a corporation, (2) the capacity of a party to sue or be sued, (3) the authority of a party to sue or be sued in a representative capacity, (4) the averment of the execution of a written instrument, or (5) the averment of the ownership of a motor vehicle, the defendant shall do so by specific demand for proof. The demand may be made at any time before the trial is concluded. If not raised by specific demand for proof, these matters are admitted for the purpose of the pending action. Upon motion of a party upon whom a specific demand for proof is made, the court may continue the trial for a reasonable time to enable the party to obtain the demanded proof.
Committee note: This Rule does not affect the proof requirements set forth in Code, Courts Article, § 5-1203 (b)(2) and Rules 3-306 (d) and 3-509 (a) that are applicable to claims arising from consumer debt when the plaintiff is not the original creditor.
Source: This Rule is derived from former M.D.R. 302 a.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended Sept. 8, 2011, eff. Jan. 1, 2012; Dec. 13, 2016, eff. Apr. 1, 2017.]

Editors' Notes

HISTORICAL NOTES
2011 Orders
The September 8, 2011, order added the committee note.
2016 Orders
The December 13, 2016, order, added to the Committee note a reference to Code, Courts Article, § 5-1203 (b)(2).
MD Rules, Rule 3-308, MD R RCP DIST CT Rule 3-308
Current with amendments received through February 1, 2019.
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