Md. Code Regs. 01.03.01.03

Current through Register Vol. 51, No. 21, October 18, 2024

Section 01.03.01.03 - Filing of Claims

A. Format of Claims.

(1) Each claim made under the Act shall be filed with the Director on the claim form that the Director shall provide, including any narrative attachments.

(2) Each claim is to be accompanied by a personal information certification that includes the claimant's:

(a) Name;

(b) Home address;

(c) Home and work telephone numbers;

(d) Date of birth;

(e) Social Security number; and

(f) Driver's license number.

(3) A claim may not be processed further without the personal information certification required under §A(2) of this regulation.

B. All appropriate allegations and exhibit references that indicate the basis of the claim should be attached to the claim form and referenced in the attachments.

C. A claim specifies the counties in which a court will have venue under Courts and Judicial Proceedings Article, Title 6, Subtitle 2, Annotated Code of Maryland, and an election by the claimant as to which of the counties is to have venue over the claim. A dual election is not permissible.

D. A claim may state the one or more particular recognized specialities within which the controversy lies.

E. A claim shall specify that the damages claimed are in excess of the jurisdictional limit of the Maryland District Court. A claim for a lesser amount is not within the jurisdiction of the Act.

F. Certificate of Merit.

(1) A claim or a defense is substantiated by the filing of a certificate of merit within the time provided and as more fully described by Courts and Judicial Proceedings Article, § 3-2 A-04(b)(1) and (2), Annotated Code of Maryland.

(2) A copy of the certificate of merit shall be served on each opposing party at the same time it is filed with the Director.

G. A claim may be amended to name additional defendants at any time before the completion of a panel selection, or within 10 days after the prehearing conference, whichever is later.

H. Advance Costs.

(1) Each new claim or counter claim shall be accompanied by a filing fee of $40.

(2) Each defendant's answer shall be accompanied by a filing fee of $25.

Md. Code Regs. 01.03.01.03

Regulations .03 adopted effective June 3, 1996 (23:11 Md. R. 808)