Section 5-1010 - Complaint.
§ 5-1010. Complaint.
(a) Form.- A complaint need not be in any particular form.
(b) Language.- The complaint shall be written in simple, nontechnical language.
(c) Required contents.- The complaint shall state the facts on which the complaint is based.
(d) Oath of mother.-
(1) Except as otherwise provided in this subsection, a complaint filed under this subtitle shall be supported by the oath of the mother or pregnant woman, whether or not she is a party to the paternity proceeding.
(2) The complaint may be filed without the oath if the mother or pregnant woman:
(i) is dead;
(ii) refuses to file a complaint;
(iii) refuses to disclose the identity of the father of the child;
(iv) is mentally or physically incapable of making an oath; or
(v) refuses to make the oath.
(3) If the complaint is filed without an oath under paragraph (2) of this subsection:
(i) the complainant shall verify the fact of the pregnancy or birth; and
(ii) if the mother or pregnant woman is living, she shall be made a defendant.
(e) Consent of State's Attorney.-
(1) Except as provided in paragraph (2) of this subsection, the clerk of court may not receive a complaint starting paternity proceedings unless the consent of the State's Attorney is attached to the complaint.
(2) The consent of the State's Attorney is not required if:
(i) the complaint is filed on behalf of the Administration; or
(ii) after considering testimony or information given by affidavit, or both, the court:
1. finds that the complaint is meritorious; and
2. rules that the consent is not required.
(3) Except by an order of court for good cause shown, a proceeding under this subtitle may not be dismissed voluntarily without the consent of the State's Attorney.
[An. Code 1957, art. 16, §§ 66B, 66E, 66H; 1984, ch. 296, § 2; 1997, ch. 609, § 1.]