§ RULE 3-308 DEMAND FOR PROOF

Codes > Maryland Rules > Title 3 > Chapter 300 > RULE 3-308

RULE 3-308. DEMAND FOR PROOF

    When the defendant desires to raise an issue as to (1) the legal existence of a party, including a partnership or a corporation, (2) the capacity of a party to sue or be sued, (3) the authority of a party to sue or be sued in a representative capacity, (4) the averment of the execution of a written instrument, or (5) the averment of the ownership of a motor vehicle, the defendant shall do so by specific demand for proof. The demand may be made at any time before the trial is concluded. If not raised by specific demand for proof, these matters are admitted for the purpose of the pending action. Upon motion of a party upon whom a specific demand for proof is made, the court may continue the trial for a reasonable time to enable the party to obtain the demanded proof.

    Source: This Rule is derived from former M.D.R. 302 a.