Section 6-402 - Continuance because of legislative duties. - Maryland Statutes

§ 6-402. Continuance because of legislative duties.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Proceeding" includes: 

(i) An arbitration proceeding; 

(ii) Any part of an action; and 

(iii) Any part of an appellate proceeding. 

(3) "Session" includes an extraordinary session. 

(b)  In general.- Subject to subsection (d) of this section, if a member or desk officer of the General Assembly is an attorney of record in a proceeding, the proceeding shall be continued from 5 days before the legislative session convenes until at least 10 days after it is adjourned. 

(c)  Legislative committees.- If a member of the Legislative Policy Committee or of any committee or subcommittee thereof or a committee or subcommittee of the State legislature functioning during the legislative interim is an attorney of record in a proceeding, the proceeding shall be continued while the committee or subcommittee is holding a meeting. 

(d)  Continuance to prepare brief or other document.- If a brief, a memorandum of law, or another document is required to be filed in a proceeding continued under this section: 

(1) The proceeding shall be continued for a time sufficient to allow it to be prepared and filed; and 

(2) Any time prescribed by the Maryland Rules, by rule or order of court, or by any statute applicable to the filing of the document shall begin to run 10 days after the General Assembly adjourns. 

(e)  Waiver.- The attorney may waive the benefit of this section. 

(f)  Personal appearance.- The attorney may exercise any right under this section after filing a motion or letter with the appropriate court or administrative agency without the attorney personally appearing. 

(g)  Application of section.- This section applies to a proceeding in a federal, State, or local court or administrative agency. 
 

[An. Code 1957, art. 75, § 24; 1973, 1st Sp. Sess., ch. 2, § 1; 1976, ch. 362, § 10; 1991, chs. 558, 649; 1992, ch. 278; 2005, ch. 606.]