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Session Laws, 1993
Volume 772, Page 1978   View pdf image
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Ch. 362                                     1993 LAWS OF MARYLAND

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] EXCEPT AS PROVIDED IN § 4-401 OF THIS SUBTITLE, 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.

(e)     (1) In a civil action in which the amount in controversy exceeds $5,000,
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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1993.

Approved May 11, 1993.

- 1978 -

 

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Session Laws, 1993
Volume 772, Page 1978   View pdf image
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