Maryland Code, FAMILY LAW 5-1010
Terms Used In Maryland Code, FAMILY LAW 5-1010
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Oath: A promise to tell the truth.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The complaint shall be written in simple, nontechnical language.
(c) The complaint shall state the facts on which the complaint is based.
(d) (1) Except as otherwise provided in this subsection, a complaint filed under this subtitle shall be supported by the oath of the mother or pregnant woman, whether or not she is a party to the paternity proceeding.
(2) The complaint may be filed without the oath if the mother or pregnant woman:
(i) is dead;
(ii) refuses to file a complaint;
(iii) refuses to disclose the identity of the father of the child;
(iv) is mentally or physically incapable of making an oath; or
(v) refuses to make the oath.
(3) If the complaint is filed without an oath under paragraph (2) of this subsection:
(i) the complainant shall verify the fact of the pregnancy or birth; and
(ii) if the mother or pregnant woman is living, she shall be made a defendant.
(e) (1) Except as provided in paragraph (2) of this subsection, the clerk of court may not receive a complaint starting paternity proceedings unless the consent of the attorney for the Administration is attached to the complaint.
(2) The consent of the attorney for the Administration is not required if, after considering testimony or information given by affidavit, or both, the court:
(i) finds that the complaint is meritorious; and
(ii) rules that the consent is not required.
(3) Except by an order of court for good cause shown, a proceeding under this subtitle may not be dismissed voluntarily without the consent of the attorney for the Administration.