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Terms Used In Maryland Code, ESTATES AND TRUSTS 13.5-104

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • including: means includes or including by way of illustration and not by way of limitation. See
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • state: means :

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

    (2) the District of Columbia. See
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(a) In a guardianship or protective proceeding in this State, a court of this State may request the appropriate court of another state to:

(1) Hold an evidentiary hearing;

(2) Order a person in the other state to produce or give evidence in accordance with procedures of that state;

(3) Order that an evaluation or assessment be made of the respondent, or order an appropriate investigation of a person involved in a proceeding;

(4) Forward to the court of this State a certified copy of the transcript or other record of a hearing under item (1) of this subsection or any other proceeding, evidence otherwise presented under item (2) of this subsection, and any evaluation or assessment prepared in compliance with a request under item (3) of this subsection;

(5) Issue any other order necessary to ensure the appearance of a person necessary to make a determination, including the respondent or the incapacitated or protected person; and

(6) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in the other state, including protected health information as defined in 45 C.F.R. § 164.504.

(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this State has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.