|
H.B. 18
VETOES
jurisdiction; altering the amount of a small claim action in the District Court;
altering the amount in controversy in a civil action in the District Court in
which formal pleadings are prohibited; altering the minimum amount in
controversy in civil cases in which appeals from the District Court are required
to be heard on the record; providing for the application of this Act; and generally
relating to small claim actions in the District Court.
BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 4-402(d)(1)(i), 4-405, 6-403, and 12-401(f)
Annotated Code of Maryland
(2002 Replacement Volume)
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.
(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] $5,000, exclusive
of prejudgment or postjudgment interest, costs, and attorney's fees if attorney's fees
are recoverable by law or contract.
4-405.
The District Court has exclusive jurisdiction over a small claim action, which,
for purposes of this section, means a civil action for money in which the amount
claimed does not exceed [$2,500] $5,000 exclusive of interest, costs, and attorney's
fees, if attorney's fees are recoverable by law or contract; and landlord tenant action
under §§ 8-401 and 8-402 of the Real Property Article of the Code, in which the
amount of rent claimed does not exceed [$2,500] $5,000 exclusive of interest and
costs.
6-403.
(a) In a civil action in the District Court, if the amount in controversy is
[$1,000] $2,500 or less, there shall be no formal pleadings.
(b) If the amount in controversy exceeds [$1,000] $2,500 the forms and
pleadings are as provided by Title 3, Chapter 300 of the Maryland Rules.
12-401.
(f) In a civil case in which the amount in controversy exceeds [$2,500] $5,000
exclusive of interest, costs, and attorney's fees if attorney's fees are recoverable by law
or contract, in any matter arising under § 4-401(7)(ii) of this article, and in any case
in which the parties so agree, an appeal shall be heard on the record made in the
District Court. In every other case, including a criminal case in which sentence has
- 3488 -
|
 |