Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 11-513

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
  • Testify: Answer questions in court.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) If a recognizance taken for the appearance of a person to answer or testify is forfeited, the State‘s Attorney may order a writ of execution to be issued for the sum due on the recognizance.

(b) If a writ of execution is issued against a person who failed to answer or testify, on the return of the execution he may file any plea to the execution which would be good and sufficient to a scire facias if a scire facias had issued on the recognizance.

(c) If the plea is determined in favor of the person who filed the plea, he shall be discharged from the forfeiture. However, he may not be discharged from the execution before a hearing on the plea unless he:

(1) Pays or satisfies the execution;

(2) Gives a bond payable to the State; or

(3) Enters into a recognizance in court with security in double amount of the forfeiture and costs due on the execution with condition to appear and plead in discharge of the execution, and abide by and fulfill the judgment on the recognizance.