Section 12-405 – Limitations
(a) The application requirements enumerated in subsection (b)(5) of this section do not apply to claims relating to: (1) courthouse security; (2) service of process; (3) the transportation of inmates to or from court proceedings; (4) personnel and other administrative activities; (5) activities, including activities relating to law enforcement functions, arising under a multijurisdictional agreement under the supervision and direction of […]
Section 12-406 – Applicability of Subtitle 5
Payments under this subtitle shall be made in accordance with the provisions of Subtitle 5 of this title.
Section 12-501 – Duties of Board of Public Works Regarding Payments
(a) (1) The Board of Public Works may approve payment of a settlement, a judgment, or counsel fees under Subtitles 3 and 4 of this title with or without a hearing, and direct payment from: (i) money appropriated for that purpose in the State budget; (ii) money appropriated to the State Insurance Trust Fund for that purpose; or (iii) the […]
Section 12-105 – Immunity of State Personnel
State personnel shall have the immunity from liability described under § 5-522(b) of the Courts and Judicial Proceedings Article.
Section 12-309 – Reimbursement by Party
(a) A court shall require reimbursement from the person who brings an action or proceeding against a State officer or State employee if: (1) judgment is rendered for the officer or employee; and (2) the court finds that the action or proceeding was instituted: (i) in bad faith; or (ii) without substantial justification. (b) Reimbursement shall consist of reasonable counsel fees […]
Section 12-106 – Restrictions on Actions
(a) This section does not apply to a claim that is: (1) asserted by cross–claim, counterclaim, or third–party claim; or (2) brought under § 5–117 of the Courts Article. (b) Except as provided in subsection (c) of this section, a claimant may not institute an action under this subtitle unless: (1) the claimant submits a written claim to the Treasurer […]
Section 12-107 – Claims
(a) A claim under this subtitle shall: (1) contain a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort; (2) demand specific damages; (3) state the name and address of each party; (4) state the name, address, and telephone number of counsel for the claimant, if any; and […]
Section 12-108 – Actions
(a) In an action under this subtitle, service of the complaint and accompanying documents is sufficient only if made on the Treasurer. (b) Unless full representation is provided under a contract of insurance, the Attorney General shall defend an action under this subtitle against the State or any of its units.
Section 12-109 – Counsel Fees
Counsel may not charge or receive fees that exceed: (1) 20% of a settlement made under this subtitle; or (2) 25% of a judgment made under this subtitle.
Section 12-110 – Short Title
This subtitle may be cited as the “Maryland Tort Claims Act”.