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Session Laws, 1987
Volume 769, Page 2879   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 613

CHAPTER 613

(Senate Bill 359)

AN ACT concerning

Circuit Court - Jurisdiction - Class Actions

FOR the purpose of permitting separate claims of proposed members
of a class, in a class action, to be aggragated aggregated
to meet the minimum amount in controversy required to file
suit in a circuit court.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 4-402

Annotated Code of Maryland

(1984 Replacement Volume and 1986 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

4-402.

(a)  Except as provided in §§ 4-401 and 4-404 of this
subtitle, the District Court does not have equity jurisdiction.

(b)  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 $2,500,
exclusive of 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 paragraph (7) of § 4-401 the
plaintiff may elect to file a petition for injunctive relief
either in the District Court or the circuit court.

- 2879 -

 

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Session Laws, 1987
Volume 769, Page 2879   View pdf image
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