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2017 Maryland Code
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 4 - Declaratory Judgment
§ 3-405. Parties; role of Attorney General
Universal Citation: MD Cts & Jud Pro Code § 3-405 (2017)
- (a) Person who has or claims interest as party. --
- (1) If declaratory relief is sought, a person who has or claims any interest which would be affected by the declaration, shall be made a party.
- (2) Except in a class action, the declaration may not prejudice the rights of any person not a party to the proceeding.
- (b) Municipality or county as a party. -- In any proceeding which involves the validity of a municipal or county ordinance or franchise, the municipality or county shall be made a party and is entitled to be heard.
- (c) Role of Attorney General. -- If the statute, municipal or county ordinance, or franchise is alleged to be unconstitutional, the Attorney General need not be made a party but, immediately after suit has been filed, shall be served with a copy of the proceedings by certified mail. He is entitled to be heard, submit his views in writing within a time deemed reasonable by the court, or seek intervention pursuant to the Maryland Rules.
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