Maryland Code § CJ-4-402

Section CJ-4-402
Open in Lexace · Ask the AI about this section
(a) Except as provided in §§ 4-401 and 4-404 of this subtitle, the District
Court does not have equity jurisdiction.
(b) Except as provided in § 4-401 of this subtitle, the District Court does
not have jurisdiction to decide the ownership of real property or of an interest in real
property.
(c) The District Court does not have jurisdiction to render a declaratory
judgment.
(d) (1) (i) Except in a case under paragraph (2), (4), (5), or (6) of § 4-
401 of this subtitle, the plaintiff may elect to file suit in the District Court or in a trial
court of general jurisdiction, if the amount in controversy exceeds $5,000, exclusive
of prejudgment or postjudgment interest, costs, and attorney's fees if attorney's fees
are recoverable by law or contract.
(ii) In the case of a class action, the separate claims of the
proposed members of the class may be aggregated to meet the minimum amount in
controversy required under subparagraph (i) of this paragraph.
(2) In a case under § 4-401(7) or (8) of this subtitle, the plaintiff may
elect to file a petition for injunctive relief either in the District Court or the circuit
court.
(3) In a case under § 4-401(16) of this subtitle, the plaintiff may elect
to file a claim for a replacement motor vehicle in either the District Court or the
circuit court.
(e) (1) In a civil action in which the amount in controversy does not
exceed $25,000, exclusive of attorney's fees if attorney's fees are recoverable by law
or contract, a party may not demand a jury trial pursuant to the Maryland Rules.
(2) Except in a replevin action, if a party is entitled to and files a
timely demand, in accordance with the Maryland Rules, for a jury trial, jurisdiction
is transferred forthwith and the record of the proceeding shall be transmitted to the

appropriate court. In a replevin action, if a party is entitled to and files a timely
demand for a jury trial, the District Court may conduct a hearing on the show-cause
order prior to issuing the writ, enforce an injunction issued by it in the action, and
issue, renew, and receive returns upon the writ of replevin. The action shall be
transmitted to the appropriate court only after the writ has been returned, stating
that the property sought has been seized or eloigned, and the time for filing a notice
of intention to defend has expired.
(f) If the amount in controversy in an action for damages for a dishonored
check or other instrument under § 4-401(17) of this subtitle exceeds $25,000, the
defendant is entitled to transfer the action from the District Court to an appropriate
circuit court by filing a timely demand as prescribed under the Maryland Rules.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.