§ 5-203.1

Maryland § 5-203.1

• Jurisdiction: Maryland
• Article gcj: Courts and Judicial Proceedings
• Title: 5

Text

(a) This section applies only to a survival cause of action arising from conduct that constitutes a criminal homicide under State or federal law.

(b) If knowledge of a cause of action concerning a homicide or the identity of a person who contributed to the homicide is kept from a party by the conduct of an adverse party or an accessory or accomplice of an adverse party:

(1) The cause of action shall be deemed to accrue at the time the party discovered or should have discovered by the exercise of ordinary diligence the homicide and the identity of the person who contributed to the homicide; and

(2) A presumption shall exist that the party should have discovered by the exercise of ordinary diligence the identity of the person who contributed to the homicide after:

(i) A charging document is filed against the person alleged to have participated in the homicide; and

(ii) The charging document is unsealed and available to the public.