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Session Laws, 1973, Special Session
Volume 710, Page 182   View pdf image
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182                                       LAWS OF MARYLAND                            [Ch. 2

language.

This problem does not arise with respect to
replevin cases as Ch. 880, H.B. 1563, Acts
of 1973 specifically provides for a jury
trial in certain cases. See §4—402.

SEC. 4-402. EXCEPTIONS.
(A) EQUITY CASES.

EXCEPT AS PROVIDED IN §4-401, THE DISTRICT COURT
DOES NOT HAVE EQUITY JURISDICTION.

(B) LAND TITLE CASES.

THE DISTRICT COURT DOES NOT HAVE JURISDICTION TO
DECIDE THE OWNERSHIP OF REAL PROPERTY OR OF AN
INTEREST IN REAL PROPERTY.

(C)   DECLARATORY JUDGMENT CASES.

THE DISTRICT COURT DOES NOT HAVE JURISDICTION TO
RENDER A DECLARATORY JUDGMENT.

(D)   CONCURRENT JURISDICTION CASES.

EXCEPT IN A CASE UNDER PARAGRAPH (2), (4), (5),
OR (6) OF §4-401, 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
$2,500.

(E)   JURY TRIAL.

(1)   IN A CIVIL ACTION IN WHICH THE AMOUNT
IN CONTROVERSY EXCEEDS $500, A PARTY MAY DEMAND A JURY
TRIAL PURSUANT TO THE MARYLAND DISTRICT RULES.

(2)    EXCEPT IN A REPLEVIN ACTION, IF A
PARTY IS ENTITLED TO AND DEMANDS 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 DEMANDS 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

 

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Session Laws, 1973, Special Session
Volume 710, Page 182   View pdf image
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