The District Court has
jurisdiction over the
personal injury cases up
to the limits of a
damage demand not to
exceed $30,000.00. Any
amount of damages sought
over this amount must be
filed in the Circuit
Court. Additionally, in
the event the Plaintiff
seeks damages in excess
of a certain dollar
figure but still less
then the $30,000.00 the
defendant (the person
being suited) has the
right to remove the case
from the district court
and have the case tried
in the circuit court in
front of a jury. Like
everything else in the
law there are several
rules that guide the
Maryland personal injury
lawyer thru the process
of removal. For example
the defendant can remove
only if the request is
made with in 15 days
of the due date of their
Notice of Intent to
Defend. see Maryland
Rule 3-307. Notice of
intention to defend
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(1)
Generally.-
Except as
provided by
subsection
(b)(2) of this
Rule, the notice
shall be filed
within 15 days
after service of
the complaint,
counterclaim,
cross-claim, or
third-party
claim.
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With in 10 days
after the Notice of
Intention to Defendant
is to be filed the
Defendant may request
his jury trial see
Maryland Rule 3-325
A defendant,
counter-defendant,
cross-defendant, or
third-party defendant
may elect a
trial
by
jury of any
action triable of right
by a
jury by filing a
separate written
demand therefore
within ten days
after the time
for
filing a notice of
intention to defend.
The
failure of a party to
file the
demand as
provided in section (a)
of this Rule constitutes
a waiver of
trial by
jury
of the action
for
all purposes, including
trial on appeal.
When a timely
demand
for
jury
trial is filed,
the clerk shall transmit
the record to the
circuit court within 15
days. At any time before
the record is
transmitted pursuant to
this section, the
District Court may
determine, on motion or
on its own initiative,
that the
demand
for
jury
trial was not
timely filed or that the
action is not triable of
right by a
jury.
The Maryland Rules
thereafter pick
up the case under
Maryland
Rule 2-326. Certain
transfers from District
Court
(a) Notice.-
Upon entry on the docket
of an action transferred
from the District Court
pursuant to a
demand
for
jury
trial
or a
demand
for
transfer pursuant to
section (d) of Rule
3-326, the clerk shall
send to the plaintiff
and each party who has
been served in the
District Court action a
notice that states the
date of entry and the
assigned docket
reference and includes a
"Notice to Defendant" in
substantially the
following form:
Notice to Defendant
If you are a
"defendant,"
"counter-defendant,"
"cross defendant,"
or "third-party
defendant" in this
action and you wish to
contest the case
against you, you must
file in this court an
answer or other response
to the
complaint, counterclaim,
cross-claim, or
third-party claim within
30 days
after the date of this
notice, regardless of
whether you filed a
notice of
intention to defend or
other response in the
District Court.
If an action is
transferred and a
defendant or third-party
defendant has not been
served with process, the
burden is on the
plaintiff or third-party
plaintiff to obtain
service, as if the
action were originally
filed in a circuit
court.
(b) Answer or other
response; subsequent
proceedings.-
Regardless of whether a
notice of intention to
defend or other response
was filed in the
District Court, a
defendant,
counter-defendant, cross
defendant, or
third-party defendant
shall file an answer or
other response to the
complaint, counterclaim,
cross-claim, or
third-party claim within
30 days after the clerk
sends the notice
required by section (a)
of this Rule. Following
the expiration of the
30-day period, the
action shall thereafter
proceed as if originally
filed in the circuit
court.
As such once served the
defendant has 25 days to
seek a removal of the
case from the district
court to the circuit
court. With in 15 days
after the clerk
transfers the case the
plaintiff can object to
the removal on the basis
of an untimely request.
After the case is
transferred and docketed
the defendant has 30
days to file his new
answer to the complaint.
