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Session Laws, 1987
Volume 769, Page 3766   View pdf image
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VETOES

(c)  The District Court does not have jurisdiction to render
a declaratory judgment.

(d)  (1) 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.

(.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.

(e)  (1) In a civil action in which the amount in
controversy exceeds $500, exclusive of attorney's fees if
attorney's fees are recoverable by law or contract, a party may
demand a jury trial pursuant to the Maryland Rules.

(2) Except in a replevin action, if a party is
entitled to and files a timely demand, in accordance with the
Maryland Rules, for 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 files a timely demand for 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 after the writ has been returned, stating that the
property sought has been seized or eloigned, and the time for
filing a notice of intention to defend has expired.

(F) THE CIRCUIT COURT HAS EXCLUSIVE ORIGINAL CIVIL
JURISDICTION OVER ALL CLASS ACTIONS, REGARDLESS OF THE AMOUNT IN
CONTROVERSY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1987.

June 2, 1987
The Honorable R. Clayton Mitchell, Jr.
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404

Dear Mr. Speaker:

- 3766 -

 

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Session Laws, 1987
Volume 769, Page 3766   View pdf image
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