Home Table of Contents

§ 5-203.1. Survival actions

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2012

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 2. Computing Time (Refs & Annos)
Effective: October 1, 2012
MD Code, Courts and Judicial Proceedings, § 5-203.1
§ 5-203.1. Survival actions
Currentness
Application of section
(a) This section applies only to a survival cause of action arising from conduct that constitutes a criminal homicide under State or federal law.
Knowledge of cause of action or identity of contributor
(b) If knowledge of a cause of action concerning a homicide or the identity of a person who contributed to the homicide is kept from a party by the conduct of an adverse party or an accessory or accomplice of an adverse party:
(1) The cause of action shall be deemed to accrue at the time the party discovered or should have discovered by the exercise of ordinary diligence the homicide and the identity of the person who contributed to the homicide; and
(2) A presumption shall exist that the party should have discovered by the exercise of ordinary diligence the identity of the person who contributed to the homicide after:
(i) A charging document is filed against the person alleged to have participated in the homicide; and
(ii) The charging document is unsealed and available to the public.

Credits

Added by Acts 2012, c. 239, § 1, eff. Oct. 1, 2012; Acts 2012, c. 240, § 1, eff. Oct. 1, 2012.
MD Code, Courts and Judicial Proceedings, § 5-203.1, MD CTS & JUD PRO § 5-203.1
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document