|
|
|
|
|
|
|
|
|
|
|
|
|
|
ROBERT L. EHRLICH, JR., Governor
|
|
|
|
|
Ch. 422
|
|
|
|
|
|
|
|
|
|
CHAPTER 422
(House Bill 413)
AN ACT concerning
Civil Jury Trials - Amount in Controversy
FOR the purpose of authorizing enactment of certain legislation to limit the right of
trial by jury in civil proceedings to those proceedings in which the amount in
controversy exceeds a certain amount; and submitting this amendment to the
qualified voters of the State of Maryland for their adoption or rejection.
BY proposing an amendment to the Maryland Constitution
Declaration of Rights
Article 5(a)
BY proposing the repeal and reenactment, without amendment,
Declaration of Rights
Article 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, (Three-fifths of all the members elected to each of the two Houses
concurring), That it be proposed that the Maryland Constitution read as follows:
Declaration of Rights
Article 5.
(a) (1) That the Inhabitants of Maryland are entitled to the Common Law of
England, and the trial by Jury, according to the course of that Law, and to the benefit
of such of the English statutes as existed on the Fourth day of July, seventeen
hundred and seventy-six; and which, by experience, have been found applicable to
their local and other circumstances, and have been introduced, used and practiced by
the Courts of Law or Equity; and also of all Acts of Assembly in force on the first day
of June, eighteen hundred and sixty-seven; except such as may have since expired, or
may be inconsistent with the provisions of this Constitution; subject, nevertheless, to
the revision of, and amendment or repeal by, the Legislature of this State. And the
Inhabitants of Maryland are also entitled to all property derived to them from, or
under the Charter granted by His Majesty Charles the First to Caecilius Calvert,
Baron of Baltimore.
(2) SUBJECT TO ARTICLE 23 OF THE DECLARATION OF RIGHTS,
LEGISLATION MAY BE ENACTED THAT LIMITS THE RIGHT TO TRIAL BY JURY IN CIVIL
PROCEEDINGS TO THOSE PROCEEDINGS IN WHICH THE AMOUNT IN CONTROVERSY
EXCEEDS A SPECIFIED AMOUNT $10,000.
|
|
|
|
|
|
|
|
- 2221 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|