Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 3-2001
Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 3-2001
- Adult: means an individual at least 18 years old. See
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
(b) “Collaborative law communication” means a statement, whether oral or in a record or verbal or nonverbal, that:
(1) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and
(2) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.
(c) “Collaborative law participation agreement” means an agreement by persons to participate in a collaborative law process.
(d) “Collaborative law process” means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:
(1) Sign a collaborative law participation agreement; and
(2) Are represented by collaborative lawyers.
(e) “Collaborative lawyer” means a lawyer who represents a party in a collaborative law process.
(f) (1) “Collaborative matter” means a dispute, a transaction, a claim, a problem, or an issue for resolution described in a collaborative law participation agreement.
(2) “Collaborative matter” includes a dispute, a claim, and an issue in a proceeding.
(g) “Nonparty participant” means a person other than a party and the party’s collaborative lawyer that participates in a collaborative law process.
(h) “Party” means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.
(i) “Person” means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, agency, or instrumentality or any other legal or commercial entity.
(j) “Person eligible for relief” includes:
(1) The current or former spouse of a respondent;
(2) A cohabitant of a respondent;
(3) A person related to a respondent by blood, marriage, or adoption;
(4) A parent, stepparent, child, or stepchild of a respondent or person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of a petition for relief under Title 4, Subtitle 5 of the Family Law Article;
(5) A vulnerable adult; and
(6) A person who has a child in common with the respondent.
(k) “Proceeding” means:
(1) A judicial, an administrative, an arbitral, or any other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences, and discovery; or
(2) A legislative hearing or similar process.
(l) “Prospective party” means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.
(m) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or any other medium and is retrievable in perceivable form.
(n) “Related to a collaborative matter” means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.
(o) “Sign” means, with present intent to authenticate or adopt a record, to:
(1) Execute or adopt a tangible symbol; or
(2) Attach to or logically associate with the record an electronic symbol, sound, or process.
(p) “Tribunal” means:
(1) A court, an arbitrator, an administrative agency, or any other body acting in an adjudicative capacity that, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter; or
(2) A legislative body conducting a hearing or similar process.