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MARYLAND STATUTES AND CODES

Section 13-805 - Service of process and execution of sentence.

§ 13-805. Service of process and execution of sentence.
 

(a)  Duty of individuals.-  

(1) Any sheriff, deputy sheriff, or police officer, or a member of the organized militia appointed by the court-martial shall serve process and execute a sentence of a court-martial of the State. 

(2) The individual who serves process shall make a return of service to the officer who issued service. 

(b)  Costs.-  

(1) An individual may not charge a fee in advance for service of process or execution of a sentence. 

(2) Costs of service of process or execution of a sentence shall be paid from funds appropriated to the Department. 

(c)  Service of summons.- An individual authorized under subsection (a) of this section shall serve a summons to appear before a court-martial by: 

(1) delivering a copy of the summons to the offender; 

(2) reading a copy of the summons to the offender; 

(3) leaving a copy of the summons at the offender's last known residence or place of business; or 

(4) mailing a copy of the summons to the offender's last known residence or business address. 

(d)  Return of summons.-  

(1) If required, the individual who serves a summons shall make a return of the summons that contains the time, manner, and place of service. 

(2) The return may be verified under oath before a commissioned officer. 

(3) A return verified under oath under paragraph (2) of this subsection shall be admitted into evidence at the trial of the individual summoned without the presence or testimony of the individual serving the summons. 
 

[An. Code 1957, art. 65, §§ 44, 48; 2003, ch. 5, § 2.]   

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