Home Table of Contents

§ 5-1024. Failure of defendant to appear

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 10. Paternity Proceedings (Refs & Annos)
Part V. Hearing on Complaint (Refs & Annos)
MD Code, Family Law, § 5-1024
§ 5-1024. Failure of defendant to appear
Proceeding in defendant's absence
(a) If a defendant fails to appear after being summoned or after giving bond as required by § 5-1014 of this subtitle, the court, in the absence of the defendant, shall, unless there is good cause to the contrary:
(1) proceed with the hearing on the complaint; and
(2)(i) issue a default judgment adjudicating paternity if the court is satisfied by the evidence presented by the petitioner; or
(ii) pass any other order that is just and proper.
Proceeding in defendant's absence--Order binding
(b) Any order passed under subsection (a) of this section shall be binding on and enforceable against the defendant as if the defendant were present at the hearing.
Forfeiture of bond
(c) If a defendant fails to appear after being summoned or after giving bond as required by § 5-1014 of this subtitle, bond shall be forfeited and applied to the payment of any obligation imposed by an order passed in the proceeding.
Disposition of defendant
(d) If a defendant fails to appear after being properly summoned or after giving bond as required by § 5-1014 of this subtitle, the defendant remains subject to arrest and whatever other disposition the court may order.

Credits

Added by Acts 1984, c. 296, § 2, eff. Oct. 1, 1984. Amended by Acts 1994, c. 113, § 1, eff. July 1, 1994.
Formerly Art. 16, § 66E.
MD Code, Family Law, § 5-1024, MD FAMILY § 5-1024
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