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TITLE 3.

COURTS OF GENERAL JURISDICTION - JURISDICTION/SPECIAL CAUSES OF ACTION

Subtitle 1. Absent Persons. 3-101. Definitions.

3-102. Presumption of death.

3-103. Certain insurance policy provisions invalid and unenforceable.

3-104. Protection of property of absentee.

3-105. Search for absentee.

3-106. Termination of guardianship proceedings.

3-107. [Repealed].

3-108. Reappearance of absentee.

3-109. Insurance on life of absentee not found to be dead.

3-110. Distribution of property of absentee. Subtitle 2. Arbitration and Award. 3-201. Definitions.

3-202. Jurisdiction.

3-203. Venue.

3-204. Determination to be made without jury.

3-205. Petition and notice.

3-206. Validity of arbitration agreements; agreements between employers and employees.

3-206.1. Validity of arbitration provision in insurance contracts.

3-207. Order to arbitrate.

3-208. Stay of arbitration.

3-209. Stay of proceedings.

3-210. When order not to be refused.

3-211. Appointment of arbitrators.

3-212. Exercise of power by majority of arbitrators.

3-213. Arbitration hearing and notice.

3-214. Rights of parties at arbitration hearing; rules of evidence.

3-215. Determination by arbitrators.

3-216. Right to be represented by attorney; when waiver ineffective.

3-217. Authority of arbitrators to issue subpoenas and administer oath; service of subpoenas.

3-218. Depositions.

3-219. Arbitration award.

3-220. Transcript of proceedings.

3-221. Expenses and fees.

3-222. Modification or correction of award.

3-223. Correction or modification of award by court.

3-224. Vacating award.

3-225. Rehearing before arbitrators.

3-226. Denial of petition to vacate.

3-227. Confirmation of award by court.

3-228. Judgment, costs, and disbursements.

3-229. Death or incompetence of party.

3-230. Proceedings upon death of a party.

3-231. Subtitle not retroactive.

3-232. Uniformity of interpretation.

3-233. [Repealed].

3-234. Short title. Subtitle 2A. Health Care Malpractice Claims. 3-2A-01. Definitions.

3-2A-02. Exclusiveness of procedures.

3-2A-03. Health Care Alternative Dispute Resolution Office.

3-2A-03A. Health Claims Arbitration Fund.

3-2A-04. Filing of claim; appointment of arbitrators; arbitrators' immunity from suit.

3-2A-05. Arbitration of claim.

3-2A-06. Judicial review.

3-2A-06A. Waiver of arbitration before claim heard.

3-2A-06B. Waiver of arbitration after filing certificate of qualified expert.

3-2A-06C. Alternative Dispute Resolution.

3-2A-06D. Supplemental certificate of qualified experts.

3-2A-07. Award of costs; counsel fees.

3-2A-08. Effect of advance payment.

3-2A-08A. Offer of judgment.

3-2A-09. Limitation of noneconomic damages.

3-2A-10. Construction of subtitle. Subtitle 2B. International Commercial Arbitration. 3-2B-01. Definitions.

3-2B-02. Purpose.

3-2B-03. Applicable laws; construction.

3-2B-04. Jurisdiction of courts.

3-2B-05. Filing of complaints.

3-2B-06. Security.

3-2B-07. Intervention by court.

3-2B-08. Appeal.

3-2B-09. Short title. Subtitle 2C. Malpractice Claims Against Licensed Professionals. 3-2C-01. Definitions.

3-2C-02. Certificate of qualified expert. Subtitle 3. Attachment. 3-301. Attachment on judgment or decree.

3-302. Attachment before judgment - Authority of courts.

3-303. Attachment before judgment - Instances when available.

3-304. Attachment before judgment - Actions in which available.

3-305. Property or credits of debtor subject to attachment.

Subtitle 4. Declaratory Judgment. 3-401. "Person" defined.

3-402. Purpose and construction of subtitle.

3-403. Jurisdiction.

3-404. Jury trial.

3-405. Parties; role of Attorney General.

3-406. Power to construe.

3-407. Construction of contracts before or after breach.

3-408. Persons entitled to declaration of rights or legal relations in respect to trust or estate of decedent.

3-408.1. Land patent proceedings.

3-409. Discretionary relief.

3-410. Costs.

3-411. Form and effect of declaration.

3-412. Supplementary relief.

3-413. Severability.

3-414. Uniformity of interpretation.

3-415. Short title. Subtitle 5. Defamation. 3-501. Defamatory statement as to chastity.

3-502. Action by single or married woman or husband.

3-503. Liability of broadcasting stations for defamatory statements of candidate for public office - Opponent.

3-504. Liability of broadcasting stations for defamatory statements of candidate for public office - Persons other than opponent. Subtitle 5A. Personnel Merit System for the Circuit Court for Baltimore City. 3-5A-01 to 3-5A-07. [Transferred]. Subtitle 6. Specific Enforcement. 3-601. Specific enforcement of contract.

3-602 to 3-604. [Repealed]. Subtitle 6A. Property Disposition in Divorce and Annulment. 3-6A-01 to 3-6A-08. [Repealed]. Subtitle 7. Habeas Corpus. 3-701. Power to grant writ and exercise jurisdiction.

3-702. Person who may apply for writ.

3-703. Discretion of judge when prior writ has been refused.

3-704. Inquiry into legality of detention and release or remand.

3-705. Persons discharged not to be imprisoned for same offense.

3-706. Discharge for unconstitutionality of law.

3-707. Application for leave to appeal in regard to bail. Subtitle 8. Juvenile Causes - Children in Need of Assistance. 3-801. Definitions.

3-801.1. [Repealed].

3-802. Purposes and construction of subtitle.

3-803. Jurisdiction of court.

3-804. Continuing jurisdiction; termination of jurisdiction.

3-805. Venue.

3-806. Assignment of judges; qualifications.

3-807. Master for juvenile causes.

3-808. Cases to be tried without jury.

3-809. Filing of petition; notice for decision not to file; request for review.

3-810. Form of pleadings; procedures; confidentiality.

3-811. Content of petition.

3-812. Waiver of reunification efforts in cases of abuse, torture, or crimes of violence.

3-813. Right to counsel.

3-814. Taking child into custody.

3-815. Shelter care for child alleged to be in need of assistance.

3-816. Study concerning matters relevant to case.

3-816.1. Findings in certain hearings.

3-817. Adjudicatory hearing.

3-818. Presumption that child is not receiving proper care and attention.

3-819. Disposition hearing.

3-819.1. Voluntary placement hearing.

3-819.2. Custody and guardianship to individual.

3-820. Removal of child from court-ordered placement.

3-821. Order controlling conduct of person before court.

3-822. Address and identity of parents.

3-823. Permanency plan for out-of-home placement.

3-824. Emergency medical or psychiatric treatment; withholding or withdrawing life-sustaining procedure.

3-825. Limitations regarding commitment facilities.

3-826. Reports prior to hearings; custodian progress reports.

3-827. Confidentiality of records [Amendment subject to abrogation].

3-827. Confidentiality of records.

3-828. Contributing to acts, omissions, or conditions rendering a child in need of assistance.

3-829. Local juvenile court committees.

3-830. Court-Appointed Special Advocate Program. Subtitle 8A. Juvenile Causes - Children Other Than CINAs and Adults. 3-8A-01. Definitions.

3-8A-02. Purposes and construction of subtitle.

3-8A-03. Jurisdiction of court.

3-8A-04. Applicability of Subtitle 8 provisions.

3-8A-05. Determination of jurisdiction.

3-8A-06. Waiver of jurisdiction.

3-8A-07. Retention, termination, or waiver of jurisdiction.

3-8A-08. Venue.

3-8A-09. Transfer of proceedings.

3-8A-10. Complaint; preliminary procedures [Amendment subject to abrogation].

3-8A-10. Complaint; preliminary procedures.

3-8A-10.1. Child in Need of Services Pilot Program [Section subject to abrogation].

3-8A-10.1. Child in Need of Services Pilot Program.

3-8A-11. Form of notice of intake officer's decision on complaint.

3-8A-12. Certain information inadmissible in subsequent proceedings [Amendment subject to abrogation].

3-8A-12. Certain information inadmissible in subsequent proceedings.

3-8A-13. Petition; general procedures.

3-8A-14. Taking child into custody.

3-8A-15. Detention and shelter care prior to hearing.

3-8A-16. Transfer to other facilities.

3-8A-16.1. Blood lead level testing.

3-8A-17. Study and examination of child, etc.

3-8A-17.1. Evaluation of child's mental condition.

3-8A-17.2. Evaluation of child's mental condition - Scope.

3-8A-17.3. Evaluation of child's mental condition - Report.

3-8A-17.4. Competency hearing.

3-8A-17.5. Competency hearing - Finding of competency.

3-8A-17.6. Competency hearing - Finding of incompetency - Compentency attainment.

3-8A-17.7. Competency hearing - Finding of incompetency - Evaluations or dismissal.

3-8A-17.8. Competency attainment services and reporting.

3-8A-17.9. Time limits for dismissals.

3-8A-17.10. Hearing on other matters.

3-8A-17.11. Presumption.

3-8A-17.12. Regulations.

3-8A-18. Adjudication.

3-8A-19. Disposition; costs [Amendment subject to abrogation].

3-8A-19. Disposition; costs.

3-8A-19.1. Peace order request - Grounds.

3-8A-19.2. Peace order request - Hearing; forms of relief.

3-8A-19.3. Peace order request - Service.

3-8A-19.4. Peace order request - Modification or rescission.

3-8A-19.5. Peace order request - Violations.

3-8A-20. Right to counsel.

3-8A-20.1. Treatment service plan.

3-8A-21. Emergency medical treatment.

3-8A-22. Limitations on place of commitment.

3-8A-23. Effect of proceedings under subtitle.

3-8A-24. Effective period of order of commitment; renewal of order.

3-8A-25. Progress reports.

3-8A-26. Order controlling conduct of person before court.

3-8A-27. Confidentiality of records [Amendment subject to abrogation].

3-8A-27. Confidentiality of records.

3-8A-28. Judgment of restitution.

3-8A-29. Parents liable for support after commitment.

3-8A-30. Contributing to certain conditions of child.

3-8A-31. [Repealed].

3-8A-32. Appointment of attorney or advocate to represent child's interest.

3-8A-33. Citation for violation of certain alcoholic beverages laws.

3-8A-34. Rights of victim or witness of delinquent act.

Subtitle 8B. Mandamus. 3-8B-01. Jurisdiction.

3-8B-02. Trial by jury. Subtitle 8C. Truancy Reduction Pilot Program. 3-8C-01. Application of subtitle.

3-8C-02. Truancy Reduction Pilot Programs.

3-8C-03. School attendance.

3-8C-04. Petition.

3-8C-05. Petition - Allegations.

3-8C-06. Disposition hearing.

3-8C-07. Probation.

3-8C-08. Transfer of proceedings.

3-8C-09. Petition governed by Maryland Rules.

3-8C-10. Jurisdiction.

3-8C-11. Appeal.

3-8C-12. Report. Subtitle 9. Wrongful Death.

3-901. Definitions.

3-902. Liability notwithstanding death.

3-903. When wrongful act occurs outside of Maryland.

3-904. Action for wrongful death. Subtitle 10. Developmental Disabilities Advocacy Services. 3-1001. Creation; definitions; purpose. Subtitle 11. Reimbursement for Costs of Emergency Response, Containment, Cleanup, and Abatement /Volunteer Fire Companies, Rescue Squads, or Ambulance Companies. 3-1101. Definitions.

3-1102. Responsibility of motor carrier.

3-1102.1. Responsibility of person at fault.

3-1103. Negotiations and actions for reimbursement.

3-1104. Purchase of personal protective equipment or chemicals.

3-1105. Liability or immunity of volunteer fire company or rescue squad or personnel.

3-1106. Farm vehicles.

3-1107. Scope of subtitle.

3-1108. Volunteer fire company. Subtitle 12. Reimbursement for Costs of Emergency Response, Containment, Cleanup, and Abatement Paid Fire Companies and Rescue Squads.

3-1201. Definitions.

3-1202. Responsibility of motor carrier.

3-1202.1. Responsibility of person at fault.

3-1203. Negotiations and actions for reimbursement.

3-1204. Liability or immunity of paid fire company, rescue squad, or personnel.

3-1205. Farm vehicles.

3-1206. Scope of subtitle.

3-1207. Paid fire company. Subtitle 13. Civil Penalties for Shoplifting and Employee Theft. 3-1301. Definitions.

3-1302. Civil liabilities.

3-1303. Required procedures by merchant.

3-1304. Immunity.

3-1305. Civil action by merchant.

3-1306. Criminal prosecution.

3-1307. Applicability.

3-1308. Exclusive original civil jurisdiction.

Subtitle 14. Maryland Uniform Contribution Among Joint Tort-Feasors Act. 3-1401. Definitions.

3-1402. Right of contribution.

3-1403. Judgment against one tort-feasor.

3-1404. Effect of release on injured person's claim.

3-1405. Effect of release on right of contribution.

3-1406. Indemnity.

3-1407. Uniformity of interpretation.

3-1408. Short title.

3-1409. Severability. Subtitle 15. Peace Orders. 3-1501. Definitions.

3-1502. Exclusivity; applicability of subtitle.

3-1503. Petition seeking relief.

3-1503.1. Petition seeking relief - Filing with commissioner; peace orders; penalties.

3-1504. Temporary peace orders.

3-1505. Respondent's opportunity to be heard; peace order hearing; forms of relief.

3-1506. Modification; rescission; appeals.

3-1507. Statement concerning violations.

3-1508. Penalties.

3-1509. Rules and forms.

3-1510. Shielding of records. Subtitle 16. Drug Dealer Liability Act. 3-1601. "Controlled dangerous substance" defined.

3-1602. Liability for civil damages - In general.

3-1603. Liability for civil damages - Standing to bring suit.

3-1604. Liability for civil damages - Proximate cause.

3-1605. Law enforcement exemption.

3-1606. Damages recoverable.

3-1607. Certain defenses not available. Subtitle 17. Liability of Insurer. 3-1701. General Consideration.

SUBTITLE 1. ABSENT PERSONS

3-101. Definitions.

(a) In general.- In this subtitle the following terms have the meanings indicated.

(b) Absentee.- "Absentee" means a person who has disappeared.

(c) Court.- "Court" means a court having jurisdiction as provided in 13-105 (b) of the Estates and Trusts Article.

[1973, 1st Sp. Sess., ch. 2, 1; 1974, ch. 686, 9; 2002, ch. 19, 10; 2006, ch. 44, 6.]

3-102. Presumption of death.

If the death of a person or the date of his death is at issue, he is not presumed dead in any proceedings under this subtitle or under Title 13 of the Estates and Trusts Article, merely because he has been absent from his place of residence and not heard about for any stated period of time. The issue shall go to the court as one of fact to be determined upon the evidence. If during his absence the person has been exposed to a specific peril of death, this fact shall be considered by the court.

[An. Code 1957, art. 16, 200; 1973, 1st Sp. Sess., ch. 2, 1; 1974, ch. 686, 9; 1984, ch. 255; 2006, ch. 44, 6.]

3-103. Certain insurance policy provisions invalid and unenforceable.

(a) Certain provisions concerning evidence.- A provision in any policy of life or accident insurance, or in the charter or bylaws of any mutual or fraternal insurance association concerning the effect to be given to evidence of death or absence, is invalid if the policy was executed or the provision adopted after May 31, 1941.

(b) Action to be filed within period of limitations.- If the policy, charter, or bylaws, executed or adopted after May 31, 1941, contains a provision which requires a beneficiary to bring suit upon a claim of death within one year or other period after the death of the insured and the fact of absence of the insured is relied upon by the beneficiary as evidence of the death, notwithstanding the provisions in the policy, charter, or bylaws, the action may be filed within the period of limitations for filing an action for breach of contract.

(c) When limitations begin to run.- For purposes of this section, the period of limitations runs from the date the beneficiary gives written notice of the absence to the insurer, or if notice is not given, from the date the beneficiary last heard about the insured. The notice shall be given within one year from the date the beneficiary last heard about the absent insured.

[An. Code 1957, art. 16, 201; 1973, 1st Sp. Sess., ch. 2, 1.]

3-104. Protection of property of absentee.

Proceedings for the protection of property of an absentee shall be conducted under Title 13 of the Estates and Trusts Article.

[1973, 1st Sp. Sess., ch. 2, 1; 1974, ch. 686, 9; 2002, ch. 19, 10; 2006, ch. 44, 6.]

3-105. Search for absentee.

(a) Methods.- Upon application, the court may direct the guardian to make search for the absentee in any manner the court considers advisable, including one or more of the following methods:

(1) Inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the absentee's whereabouts;

(2) Notifying officers of justice and public welfare agencies in appropriate locations of the absentee's disappearance; or

(3) Engaging the services of an investigating agency.

(b) Cost.- The expenses of the search shall be taxed as costs and paid out of the property of the absentee.

[An. Code 1957, art. 16, 204; 1973, 1st Sp. Sess., ch. 2, 1; 1996, ch. 10, 1.]

3-106. Termination of guardianship proceedings.

(a) In general.- If the court declares that the person is dead, it may terminate the guardianship proceedings pursuant to 13-221 of the Estates and Trusts Article.

(b) Termination of proceedings after lapse of time.- Unless the court has terminated the guardianship proceedings under subsection (a) of this section, the court, after a lapse of five years from the appointment of a guardian or a lapse of one year when the person has been missing for more than 20 years, may enter a decree declaring that all interest of the absentee in his property has ceased, provided the absentee has not appeared in the meantime. The court then shall terminate the guardianship proceeding as if the absentee had died.

[An. Code 1957, art. 16, 205, 207; 1973, 1st Sp. Sess., ch. 2, 1; 1974, ch. 686, 9; 1980, ch. 130, 1; 2006, ch. 44, 6.]

3-107. Absentee Insurance Fund.

Repealed by Acts 1980, ch. 130, 1, effective June 1, 1980.

3-108. Reappearance of absentee.

An absentee who appears after the guardianship has been terminated under 3-106 of this subtitle may not bring an action to recover any portion of his property from the distributees of his estate.

[An. Code 1957, art. 16, 206, 210; 1973, 1st Sp. Sess., ch. 2, 1; 1980, ch. 130, 1; 2006, ch. 44, 6.]

3-109. Insurance on life of absentee not found to be dead.

(a) Payment to beneficiaries - No contest by insurer.- If the guardianship is terminated under 3-106(b) of this subtitle, the court may direct the payment to the beneficiaries of any sum due and unpaid under any policy of insurance on the life of the absentee, if the claim is uncontested by the insurer.

(b) Payment to beneficiaries - Contested cases.- If the guardianship is terminated under 3-106(b) of this subtitle and an insurer contests a claim under subsection (a) of this section, the court has jurisdiction of the matter and shall determine, with the aid of a jury if one is called for, the issue of death of the absentee and any other issue arising under the policy.

(c) Payment of surrender value.- In any proceeding under this section, if the absentee is not found to be dead and the policy provides for a surrender value, the beneficiary may request the guardian to demand the payment of surrender value. The guardian's receipt for the payment is a release to the insurer of all claims under the policy. The guardian shall pay to the beneficiary (or to the absentee's estate, if the beneficiary has not survived the absentee) the sum so received, less the amount allowed by the court as costs of the proceedings under this

section.

(d) Survival of beneficiary not established.- If the survival of a named beneficiary is not established, the provisions of this subtitle apply as if the proceeds of insurance were a part of the estate of the absentee.

[An. Code 1957, art. 16, 209; 1973, 1st Sp. Sess., ch. 2, 1; 2006, ch. 44, 6.]

3-110. Distribution of property of absentee.

(a) In general.- After termination of the guardianship under 3-106 of this subtitle, the court shall distribute the remaining property in accordance with Title 13 of the Estates and Trusts Article, and this subtitle.

(b) Validity and effect of distribution.- The order of distribution shall be final and binding upon any person, including the absentee.

[An. Code 1957, art. 16, 208; 1973, 1st Sp. Sess., ch. 2, 1; 1974, ch. 686, 9; 1980, ch. 130, 1; 2006, ch. 44, 6.]

SUBTITLE 2. ARBITRATION AND AWARD

3-201. Definitions.

(a) In general.- In this subtitle the following terms have the meanings indicated.

(b) Court.- "Court" means a court of equity.

(c) Guardian.- "Guardian" means a person appointed by a court as guardian of the person or property or both of a disabled person.

(d) Personal representative.- "Personal representative" means an executor, administrator, or special administrator.

[An. Code 1957, art. 7, 16; art. 93, 1-101; art. 93A, 101; 1973, 1st Sp. Sess., ch. 2, 1; 2002, ch. 19, 10.]

3-202. Jurisdiction.

An agreement providing for arbitration under the law of the State confers jurisdiction on a court to enforce the agreement and enter judgment on an arbitration award.

[An. Code 1957, art. 7, 16; 1973, 1st Sp. Sess., ch. 2, 1.]

3-203. Venue.

(a) Filing initial petition.- An initial petition shall be filed with the court in the county:

(1) As provided by the agreement; or

(2) Where the arbitration hearing was held.

(b) Additional venue.- If the agreement does not provide for a county in which the petition shall be filed or if the hearing has not been held, the petition shall be filed with the court in:

(1) The county where the adverse party resides;

(2) The county where the adverse party has a place of business; or

(3) If the adverse party has neither a residence nor a place of business in the State, any county.

(c) Filing subsequent petition.- A subsequent petition shall be filed with the court hearing the initial petition unless the court directs otherwise.

[An. Code 1957, art. 7, 17; 1973, 1st Sp. Sess., ch. 2, 1; 1996, ch. 10, 1; 1997, ch. 14, 1.]

3-204. Determination to be made without jury.

The court shall make any determination provided for in this subtitle without a jury.

[An. Code 1957, art. 7, 16; 1973, 1st Sp. Sess., ch. 2, 1.]

3-205. Petition and notice.

(a) Petition.- Except as otherwise provided, a petition under this subtitle shall be heard in the manner and upon the notice provided by law or rule of court for the procedures when a petition is filed in an action.

(b) Notice.- Unless the parties agree otherwise, notice of the initial petition for an order shall be served in the manner provided by law or rule of court for the service of summons in an action.

[An. Code 1957, art. 7, 15; 1973, 1st Sp. Sess., ch. 2, 1.]

3-206. Validity of arbitration agreements; agreements between employers and employees.

(a) Validity.- Except as otherwise provided in this subtitle, a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy arising between the parties in the future is valid and enforceable, and is irrevocable, except upon grounds that exist at law or in equity for the revocation of a contract.

(b) Agreement between employers and employees.- This subtitle does not apply to an arbitration agreement between employers and employees or between their respective representatives unless it is expressly provided in the agreement that this subtitle shall apply.

[An. Code 1957, art. 7, 1; 1973, 1st Sp. Sess., ch. 2, 1; 2008, ch. 665.]

3-206.1. Validity of arbitration provision in insurance contracts.

(a) "Consumer" defined.- In this section, "consumer" means a party to an arbitration agreement who, in the context of the arbitration agreement, is an individual, not a business, who seeks or acquires, including by lease, any goods or services primarily for personal, family, or household purposes including financial services, health care services, or real property.

(b) Void and unenforceable provisions; exception.-

(1) Except as provided in paragraph (2) of this subsection, any provision in an insurance contract with a consumer that requires arbitration is void and unenforceable.

(2) This subsection does not apply to a provision that establishes an appraisal process to determine the value of property.

[2008, ch. 665.]

3-207. Order to arbitrate.

(a) Refusal to arbitrate.- If a party to an arbitration agreement described in 3-202 of this subtitle refuses to arbitrate, the other party may file a petition with a court to order arbitration.

(b) Denial of existence of arbitration agreement.- If the opposing party denies existence of an arbitration agreement, the court shall proceed expeditiously to determine if the agreement exists.

(c) Determination by court.- If the court determines that the agreement exists, it shall order arbitration. Otherwise it shall deny the petition.

[An. Code 1957, art. 7, 2; 1973, 1st Sp. Sess., ch. 2, 1; 2006, ch. 44, 6.]

3-208. Stay of arbitration.

(a) Petition to stay.- If a party denies existence of the arbitration agreement, he may petition a court to stay commenced or threatened arbitration proceedings.

(b) Filing of petition.-

(1) A petition to stay arbitration shall be filed with the court where a petition to order arbitration has been filed.

(2) If a petition for order to arbitrate has not been filed, the petition to stay arbitration may be filed in any court subject to venue provisions of Title 6 of this article.

(c) Determination of existence of arbitration agreement.- If the court determines that existence of the arbitration agreement is in substantial and bona fide dispute, it shall try this issue promptly and order a stay if it finds for the petitioner. If the court finds for the adverse party, it shall order the parties to proceed with arbitration.

[An. Code 1957, art. 7, 2; 1973, 1st Sp. Sess., ch. 2, 1.]

3-209. Stay of proceedings.

(a) Conditions for stay.- A court shall stay any action or proceeding involving an issue subject to arbitration if:

(1) A petition for order to arbitrate has been filed; or

(2) An order for arbitration has been made.

(b) Severability of issue.- If the issue subject to arbitration is severable, the court may order the stay with respect to this issue only.

(c) Order to include stay.- If a petition to stay has been filed with a court where any action or proceeding concerning arbitration is pending, the court's order to arbitrate shall include the stay.

[An. Code 1957, art. 7, 2; 1973, 1st Sp. Sess., ch. 2, 1.]

3-210. When order not to be refused.

An order for arbitration shall not be refused or an arbitration proceeding stayed:

(1) On the ground that the claim in issue lacks merit or bona fides; or

(2) Because a valid basis for the claim sought to be arbitrated has not been shown.

[An. Code 1957, art. 7, 2; 1973, 1st Sp. Sess., ch. 2, 1.]

3-211. Appointment of arbitrators.

(a) Appointment by agreement.- If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed.

(b) Petition to appoint.- In the absence of a provision in the agreement, a party may file a petition with a court to appoint one or more arbitrators.

(c) Appointment by court.- A court shall appoint one or more arbitrators if:

(1) The arbitration agreement does not provide a method of appointment;

(2) The agreed method fails or for any reason cannot be followed; or

(3) An appointed arbitrator fails or is unable to act and his successor has not been appointed.

(d) Powers of court appointed arbitrator.- A court appointed arbitrator has all the powers of an arbitrator specifically named in the agreement.

[An. Code 1957, art. 7, 3; 1973, 1st Sp. Sess., ch. 2, 1.]

3-212. Exercise of power by majority of arbitrators.

The powers of the arbitrators may be exercised by a majority unless provided otherwise by the agreement or by this subtitle.

[An. Code 1957, art. 7, 4; 1973, 1st Sp. Sess., ch. 2, 1.]

3-213. Arbitration hearing and notice.

(a) Designation of time and place for hearing; notice.-

(1) Unless the agreement provides otherwise, the arbitrators shall designate a time and place for hearing and notify the parties, personally or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, not less than five days before the hearing.

(2) Appearance at the hearing waives the notice.

(b) Hearing.-

(1) Except as provided in 3-215(b) of this subtitle, the arbitration hearing shall be conducted by all the arbitrators.

(2) The arbitrators may adjourn the hearing from time to time as necessary.

(3) Upon request of a party and for good cause shown or on their own motion, the arbitrators may postpone the hearing to a time not later than the date set by the agreement for the award, unless the parties consent to a later date.

(c) Determination of controversy.- The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear.

(d) Petition of party.- On petition of a party, the court may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.

[An. Code 1957, art. 7, 5; 1973, 1st Sp. Sess., ch. 2, 1; 1983, ch. 563; 2006, ch. 44, 6.]

3-214. Rights of parties at arbitration hearing; rules of evidence.

(a) In general.- At an arbitration hearing, the parties have the right:

(1) To be heard;

(2) To present evidence material to the controversy; and

(3) To cross examine witnesses who appear at the hearing.

(b) Arbitrators not bound by rules of evidence.- Arbitrators are not bound by the technical rules of evidence.

[An. Code 1957, art. 7, 5; 1973, 1st Sp. Sess., ch. 2, 1.]

3-215. Determination by arbitrators.

(a) Determination by majority of arbitrators.- The majority of the arbitrators may determine any question and render a final award.

(b) Determination by remaining arbitrators.- If an arbitrator for any reason ceases to act during the course of the arbitration hearing, the remaining arbitrators or arbitrator appointed to act as neutral, may continue with a hearing and the determination of the controversy.

[An. Code 1957, art. 7, 5; 1973, 1st Sp. Sess., ch. 2, 1.]

3-216. Right to be represented by attorney; when waiver ineffective.

(a) Representation by attorney.- A party has the right to be represented by an attorney at any proceeding or hearing under this subtitle.

(b) When waiver ineffective.- A waiver of the right to be represented by an attorney prior to the proceeding or hearing is ineffective.

[An. Code 1957, art. 7, 6; 1973, 1st Sp. Sess., ch. 2, 1.]

3-217. Authority of arbitrators to issue subpoenas and administer oath; service of subpoenas.

(a) Issuance of subpoenas.- The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and have the power to administer oaths.

(b) Oath.- At the arbitration hearing a witness shall be sworn:

(1) At the request of a party; or

(2) At the request of a majority of the arbitrators.

(c) Enforcement of subpoenas.-

(1) A party or the arbitrators may file a petition with a court to enforce a subpoena.

(2) A subpoena shall be enforced in the manner provided by law or rule for the enforcement of subpoenas in a civil action.

(d) Provisions of law applicable.- All provisions of law which compel a person under subpoena to testify apply to proceedings under this subtitle.

[An. Code 1957, art. 7, 7; 1973, 1st Sp. Sess., ch. 2, 1.]

3-218. Depositions.

On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken in the manner and upon the terms designated by the arbitrators, if:

(1) The witness cannot be subpoenaed; or

(2) The witness is unable to attend a hearing.

[An. Code 1957, art. 7, 7; 1973, 1st Sp. Sess., ch. 2, 1; 2007, ch. 5.]

3-219. Arbitration award.

(a) Award to be in writing.- The arbitration award shall be in writing and signed by the arbitrators who joined in the award.

(b) Time for award.-

(1) The arbitration award shall be made within the time set by the agreement.

(2) If the agreement does not set a time, a party may petition a court to set the time.

(3) The parties may extend the time for making an award in writing at any time.

(c) Delivery of copies.- The arbitrators shall deliver a copy of the award to each party:

(1) As provided in the agreement;

(2) Personally; or

(3) By certified mail, return receipt requested, bearing a postmark from the United States Postal Service.

(d) Waiver of objections.- A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.

[An. Code 1957, art. 7, 8; 1973, 1st Sp. Sess., ch. 2, 1; 1983, ch. 563.]

3-220. Transcript of proceedings.

(a) Transcript.- The arbitrators may, and on application of a party shall, order that part or all of the proceedings be transcribed.

(b) Availability of transcript record.- The record made from the transcript shall be available to either side for purpose of appeal or otherwise.

[An. Code 1957, art. 7, 7; 1973, 1st Sp. Sess., ch. 2, 1; 2005, ch. 192.]

3-221. Expenses and fees.

(a) Arbitrators.- Unless the arbitration agreement provides otherwise, the award shall provide for payment of the arbitrators' expenses, fees, and any other expense incurred in the conduct of the arbitration.

(b) Counsel fees.- Unless the arbitration agreement provides otherwise, the award may not include counsel fees.

[An. Code 1957, art. 7, 10; 1973, 1st Sp. Sess., ch. 2, 1.]

3-222. Modification or correction of award.

(a) Application.- A party may apply to the arbitrators to modify or correct an award within 20 days after delivery of the award to the applicant.

(b) Notice of application.- A written notice of an application to modify or correct the award shall be given to the opposing party, stating that he shall serve any objection to the application within ten days.

(c) Grounds for modification.- The arbitrators may modify or correct an award:

(1) On the grounds stated in 3-223(b)(1), (2), or (3) of this subtitle; or

(2) For the purpose of clarity.

(d) Modification of award and court's order.- The arbitrators shall modify or correct an award consistent with the order of court, if a petition under 3-223, 3-224, or 3-227 of this subtitle is pending.

(e) Modified award subject to provisions of this subtitle.- The modified or corrected award is subject to the provisions of 3-223, 3-224, and 3-227 of this subtitle.

[An. Code 1957, art. 7, 9; 1973, 1st Sp. Sess., ch. 2, 1; 2006, ch. 44, 6.]

3-223. Correction or modification of award by court.

(a) Petition.- A petition to modify or correct the award shall be filed within 90 days after delivery of a copy of the award to the applicant.

(b) Conditions for modification or correction of award.- The court shall modify or correct the award if:

(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award;

(2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.

(c) Confirmation of award.- If the petition is granted, the court shall modify or correct the award to effect its intent and confirm the award as modified or corrected. Otherwise, the court shall confirm the award as made.

(d) Joinder of application.- An application to modify or correct an award may be joined, in the alternative, with an application to vacate the award.

[An. Code 1957, art. 7, 13; 1973, 1st Sp. Sess., ch. 2, 1.]

3-224. Vacating award.

(a) Petition.-

(1) Except as provided in paragraph (2), a petition to vacate the award shall be filed within 30 days after delivery of a copy of the award to the petitioner.

(2) If a petition alleges corruption, fraud, or other undue means it shall be filed within 30 days after the grounds become known or should have been known to the petitioner.

(b) Grounds.- The court shall vacate an award if:

(1) An award was procured by corruption, fraud, or other undue means;

(2) There was evident partiality by an arbitrator appointed as a neutral, corruption in any arbitrator, or misconduct prejudicing the rights of any party;

(3) The arbitrators exceeded their powers;

(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown for the postponement, refused to hear evidence material to the controversy, or otherwise so conducted the hearing, contrary to the provisions of 3-213 of this subtitle, as to prejudice substantially the rights of a party; or

(5) There was no arbitration agreement as described in 3-206 of this subtitle, the issue was not adversely determined in proceedings under 3-208 of this subtitle, and the party did not participate in the arbitration hearing without raising the objection.

(c) When award not to be vacated.- The court shall not vacate the award or refuse to confirm the award on the ground that a court of law or equity could not or would not grant the same relief.

[An. Code 1957, art. 7, 12; 1973, 1st Sp. Sess., ch. 2, 1; 2006, ch. 44, 6.]

3-225. Rehearing before arbitrators.

(a) New arbitrators.- If any award is vacated on grounds other than those stated in 3-224(b)(5) of this subtitle, the court may order a rehearing before new arbitrators selected by the parties as provided by the agreement, or by the court in the absence of an agreement as provided in 3-211 of this subtitle.

(b) Same arbitrators.- If the award is vacated on grounds set forth in 3-224(b)(3) and (4) of this subtitle, the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with 3-211 of this subtitle.

(c) Time.- The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order or at a time specified by the court.

[An. Code 1957, art. 7, 12; 1973, 1st Sp. Sess., ch. 2, 1; 2006, ch. 44, 6.]

3-226. Denial of petition to vacate.

If an application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.

[An. Code 1957, art. 7, 12; 1973, 1st Sp. Sess., ch. 2, 1.]

3-227. Confirmation of award by court.

(a) Petition.- A party may petition the court to confirm the award.

(b) Action by court.- The court shall confirm the award, unless the other party has filed an application to vacate, modify, or correct the award within the time provided in 3-222 and 3-223 of this subtitle.

(c) Proceedings when award not confirmed.- If an application to vacate, modify, or correct the award has been filed, the court shall proceed as provided in 3-223 and 3-224 of this subtitle.

[An. Code 1957, art. 7, 11; 1973, 1st Sp. Sess., ch. 2, 1; 2006, ch. 44, 6.]

3-228. Judgment, costs, and disbursements.

(a) Entering of judgment; enforcement of judgment.-

(1) If an order confirming, modifying, or correcting an award is granted, a judgment shall be entered in conformity with the order.

(2) The judgment may be enforced as any other judgment.

(b) Costs and disbursements.- A court may award costs of the petition, the subsequent proceedings, and disbursements.

[An. Code 1957, art. 7, 14; 1973, 1st Sp. Sess., ch. 2, 1.]

3-229. Death or incompetence of party.

(a) Deceased party.- Notwithstanding the death of a party who made a written agreement to submit a controversy to arbitration, the arbitration proceedings may begin or continue if an application has been filed by or notice given to his personal representative.

(b) Party under disability.- If a guardian has been appointed, the proceedings may be continued:

(1) Upon the application of the guardian; or

(2) Upon the notice to the guardian.

(c) Extension of time.- Upon the death or incompetence of a party, the court may extend the time within which a petition to confirm, vacate, or modify the award, or to stay arbitration, must be made.

(d) Subsequent proceedings.- If a party dies after an award was delivered, the subsequent proceedings are the same as where a party dies after a verdict.

[An. Code 1957, art. 7, 19; 1973, 1st Sp. Sess., ch. 2, 1.]

3-230. Proceedings upon death of a party.

(a) Notice.- If a party dies before an award is returned and judgment rendered, the cause does not abate and the arbitrators shall give a reasonable notice of the pending proceedings to the personal representative.

(b) Award and judgment.- Notwithstanding the death of a party, the arbitrators shall proceed with a determination and return their award upon which judgment may be entered.

[An. Code 1957, art. 75, 18; 1973, 1st Sp. Sess., ch. 2, 1.]

3-231. Subtitle not retroactive.

This subtitle applies only to agreements made after May 31, 1965.

[An. Code 1957, art. 7, 20; 1973, 1st Sp. Sess., ch. 2, 1.]

3-232. Uniformity of interpretation.

This subtitle shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.

[An. Code 1957, art. 7, 21; 1973, 1st Sp. Sess., ch. 2, 1; 1974, ch. 691, 8.]

3-233. Severability.

Repealed by Acts 1974, ch. 691, 5, effective July 1, 1974.

3-234. Short title.

This subtitle may be cited as the Maryland Uniform Arbitration Act.

[An. Code 1957, art. 7, 23; 1973, 1st Sp. Sess., ch. 2, 1; 1974, ch. 691, 8.]