Maryland Code § RP-8-604

Section RP-8-604
Open in Lexace · Ask the AI about this section
(a) A demand for trial by jury under this subtitle shall be subject to review
by the District Court.
(b) If the jury demand is filed at the first scheduled appearance in
accordance with § 8-602(b) of this subtitle, then any party to the action contesting the
jury demand shall, at the first scheduled appearance, object to the jury demand and
describe the basis of the invalidity of the jury demand.

(c) If the jury demand is filed at a time other than the first scheduled
appearance in accordance with § 8-602(a) or (b) of this subtitle, then any other party
to the action contesting the validity of the jury demand shall file an "objection to jury
demand" within 10 days of the filing of the jury demand which such objection shall
describe the basis of the invalidity of the jury demand, provided, however, that the
"objection to jury demand" shall be filed at the first scheduled appearance if that
occurs prior to the expiration of the period set forth in § 8-602 of this subtitle.
(d) In the event that a jury demand and an "objection to jury demand" is
filed in accordance with § 8-602 of this subtitle and subsection (b) of this section:
(1) If an "objection to jury demand" is filed under subsection (b) of
this section, the court shall consider the validity of the jury demand at the time of the
first scheduled appearance of the parties;
(2) If an "objection to jury demand" is filed under subsection (c) of
this section at a time other than trial, the court shall set the objection in for a hearing
before the trial; or
(3) If the "objection to jury demand" is filed at the time of trial under
subsection (c) of this section, the court shall consider the validity of the jury demand
at trial.
(e) In the event a jury demand is filed prior to the first scheduled
appearance and the time for filing an objection under subsection (c) of this section
shall not have expired prior to the first scheduled appearance, and all other parties
to the action file a "nonobjection to jury demand" at least 1 day prior to the first
scheduled appearance, or if the time for filing an objection under subsection (c) of this
section shall have expired prior to the first scheduled appearance and no objection
having been filed, then the action shall be removed from the docket and transferred
to the circuit court.
(f) In the event that a jury demand is made under this subtitle, the District
Court shall not be divested of jurisdiction and the matter shall not be removed to the
circuit court until such time as the District Court has reviewed the jury demand,
provided, however, that any hearing on the validity of a jury demand under this
subtitle must occur within 10 days of the date of jury demand.
(g) (1) The District Court's review of the validity of a jury demand shall
be limited to:
(i) Timeliness of the jury demand;
(ii) The amount in controversy; and

(iii) The existence of a valid waiver.
(2) In the event that the District Court finds that the jury demand is
invalid, the matter shall proceed in the District Court; however, upon conclusion of
the District Court trial any party filing a jury demand determined invalid by the court
may include the validity of the jury demand in an appeal, as set forth 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.