(a) A member of the organized militia ordered into State active duty by proper authority is not liable civilly or criminally for any act done while discharging a duty.
(b) (1) The court shall require a person to file security for the payment of costs that may be awarded to the defendant when the person prosecutes or begins a suit or proceeding:
(i) against an officer of the organized militia for an act done by the officer in the officer’s official capacity in the discharge of a duty under this title;
(ii) against a person acting under the authority or order of an officer of the organized militia; or
(iii) by virtue of a warrant that an officer of the militia lawfully issues.
(2) In all cases, the defendant may make a general denial and give evidence.
(3) If the case is dismissed or a verdict or judgment is rendered against the plaintiff, the defendant shall recover treble costs.
Structure Maryland Statutes
Subtitle 7 - Active Duty or Training
Section 13-701 - Authority to Order Out for Service; Failure to Appear
Section 13-702 - Militia in State Active Duty
Section 13-703 - Warning for Duty
Section 13-704 - Employment and Other Protections for National Guard Members
Section 13-704.1 - Civil Relief for Military Service Members
Section 13-705 - Relief From Duty in Militia While in Service of United States
Section 13-706 - Leaves of Absence for Public Employees Who Are Members of Militia
Section 13-707 - Civil or Criminal Liability for Acts in Discharge of Duty