State Codes and Statutes

Statutes > Maryland > Family-law > Title-5 > Subtitle-10 > 5-1024

§ 5-1024. Failure of defendant to appear.
 

(a)  Proceeding in defendant's absence - Authorized.- 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. 

(b)  Proceeding in defendant's absence - Order binding.- 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. 

(c)  Forfeiture of bond.- 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. 

(d)  Disposition of defendant.- 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. 
 

[An. Code 1957, art. 16, § 66E; 1984, ch. 296, § 2; 1994, ch. 113, § 1.] 
 

State Codes and Statutes

Statutes > Maryland > Family-law > Title-5 > Subtitle-10 > 5-1024

§ 5-1024. Failure of defendant to appear.
 

(a)  Proceeding in defendant's absence - Authorized.- 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. 

(b)  Proceeding in defendant's absence - Order binding.- 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. 

(c)  Forfeiture of bond.- 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. 

(d)  Disposition of defendant.- 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. 
 

[An. Code 1957, art. 16, § 66E; 1984, ch. 296, § 2; 1994, ch. 113, § 1.] 
 


State Codes and Statutes

State Codes and Statutes

Statutes > Maryland > Family-law > Title-5 > Subtitle-10 > 5-1024

§ 5-1024. Failure of defendant to appear.
 

(a)  Proceeding in defendant's absence - Authorized.- 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. 

(b)  Proceeding in defendant's absence - Order binding.- 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. 

(c)  Forfeiture of bond.- 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. 

(d)  Disposition of defendant.- 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. 
 

[An. Code 1957, art. 16, § 66E; 1984, ch. 296, § 2; 1994, ch. 113, § 1.]