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Home » US Law » 2022 Maryland Statutes » Courts and Judicial Proceedings » Title 9 - Witnesses » Subtitle 1 - Competence, Compellability, and Privilege

Section 9-101 – In General

    Unless otherwise provided in this subtitle:         (1)    A person shall not be excluded from testifying in a proceeding because of incapacity from crime or interest in the matter in question; and         (2)    Litigants and their spouses are competent and compellable to give evidence.

Section 9-106 – Testimony by Spouses — Spouse of Person Charged With a Crime

    (a)    The spouse of a person on trial for a crime may not be compelled to testify as an adverse witness unless the charge involves:         (1)    The abuse of a child under 18; or         (2)    Assault in any degree in which the spouse is a victim if:             (i)    The person on trial was previously charged with assault in any […]

Section 9-107 – Defendant in Criminal Trial

    A person may not be compelled to testify in violation of his privilege against self-incrimination. The failure of a defendant to testify in a criminal proceeding on this basis does not create any presumption against him.

Section 9-109 – Communications Between Patient and Psychiatrist or Psychologist

    (a)    (1)    “Authorized representative” means a person authorized by the patient to assert the privilege granted by this section and until permitted by the patient to make disclosure, the person whose communications are privileged.         (2)    “Licensed psychologist” means a person who is licensed to practice psychology under the laws of Maryland.         (3)    “Patient” means a person who communicates or […]

Section 9-109.1 – Communications Between Client and Psychiatric-Mental Health Nursing Specialist

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Client” means an individual who communicates to or receives services from a psychiatric–mental health nursing specialist or a professional counselor regarding the diagnosis or treatment of the individual’s mental or emotional disorder.         (3)    “Professional counselor” means an individual who is certified, licensed, or exempted from licensure […]

Section 9-110 – Privileged Communications — Accountants

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    (i)    “Firm” means a proprietorship, partnership, or professional corporation engaged in the practice of public accountancy.             (ii)    “Firm” includes an employee of the firm.         (3)    (i)    “Licensed certified public accountant” has the meaning stated in § 2–101(i) of the Business Occupations and Professions Article.             (ii)    “Licensed certified public accountant” includes […]

Section 9-112 – Privileged Communications — News Media

    (a)    In this section, “news media” means:         (1)    Newspapers;         (2)    Magazines;         (3)    Journals;         (4)    Press associations;         (5)    News agencies;         (6)    Wire services;         (7)    Radio;         (8)    Television; and         (9)    Any printed, photographic, mechanical, or electronic means of disseminating news and information to the public.     (b)    The provisions of this section apply to any person who is, or has been:         (1)    Employed by the news media in any news […]

Section 9-113 – Adverse Person or Party

    In a civil case, a party or an officer, director, or managing agent of a corporation, partnership, or association may be called by the adverse party and interrogated as on cross-examination.

Section 9-114 – Interpreters

    (a)    (1)    If a party, a witness, or a victim or victim’s representative, as defined in § 11–104(a) of the Criminal Procedure Article, is deaf or cannot readily understand or communicate the spoken English language, any party or a victim or victim’s representative may apply to the court for the appointment of a qualified interpreter to assist […]

Section 9-115 – Character Witness

    Where character evidence is otherwise relevant to the proceeding, no person offered as a character witness who has an adequate basis for forming an opinion as to another person’s character shall hereafter be excluded from giving evidence based on personal opinion to prove character, either in person or by deposition, in any suit, action or […]

Section 9-116 – Dead or Incompetent Persons

    A party to a proceeding by or against a personal representative, heir, devisee, distributee, or legatee as such, in which a judgment or decree may be rendered for or against them, or by or against an incompetent person, may not testify concerning any transaction with or statement made by the dead or incompetent person, personally […]

Section 9-117 – Self-Corroboration When Impeached

    It is not competent, in any case, for any party to the cause who has been examined therein as a witness, to corroborate his testimony when impeached by proof of his own declaration or statement made to third persons out of the presence and hearing of the adverse party.

Section 9-118 – Oath of Person Testifying Before Grand Jury

    (a)    The oath for a person testifying before the grand jury shall be administered in one of the ways specified in this section.     (b)    It may be administered in the presence of the grand jury by its foreperson or another member appointed by the foreperson.     (c)    It may be administered by the clerk or deputy clerk of court […]

Section 9-119 – Person Testifying in Supplementary Proceeding

    (a)    A person testifying in a supplementary or discovery proceeding in aid of a judgment or execution is not excused from answering a question because the answer may tend to connect him with the commission of fraud.     (b)    An answer may not be used as evidence against the person in a criminal proceeding based upon the fraud.

Section 9-120 – Psychologist as Expert Witness

    Notwithstanding any other provision of law, a psychologist licensed under the “Maryland Psychologists Act” and qualified as an expert witness may testify on ultimate issues, including insanity, competency to stand trial, and matters within the scope of that psychologist’s special knowledge, in any case in any court or in any administrative hearing.

Section 9-121 – Communications Between Licensed Social Worker and Client

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Client” means a person who communicates to or receives services from a licensed certified social worker regarding his mental or emotional condition, or from any other person participating directly or vitally with a licensed certified social worker in rendering those services, in consultation with or […]