Removal from District Court To Circuit Court In Maryland Personal Injury

In Maryland personal injury cases the District Court has jurisdiction over cases up to the limit of a damage demand not to exceed $30,000.00. Like everything else in the law there are several rules that guide the Maryland personal injury lawyer thru the process of removal. For example the defendant can remove only if the request is made with in 15 days of the due date of their Notice of Intent to Defend. see Maryland Rule 3-307. Notice of intention to defend

(1) Generally.- Except as provided by subsection (b)(2) of this Rule, the notice shall be filed within 15 days after service of the complaint, counterclaim, cross-claim, or third-party claim.

With in 10 days after the Notice of Intention to Defendant is to be filed the Defendant may request his jury trial see Maryland Rule 3-325 A defendant, counter-defendant, cross-defendant, or third-party defendant may elect a trial by jury of any action triable of right by a jury by filing a separate written demand therefore within ten days after the time for filing a notice of intention to defend. The failure of a party to file the demand as provided in section (a) of this Rule constitutes a waiver of trial by jury of the action for all purposes, including trial on appeal.

When a timely demand for jury trial is filed, the clerk shall transmit the record to the circuit court within 15 days. At any time before the record is transmitted pursuant to this section, the District Court may determine, on motion or on its own initiative, that the demand for jury trial was not timely filed or that the action is not triable of right by a jury.

The Maryland Rules thereafter pick up the case under Maryland Rule 2-326. Certain transfers from District Court

(a) Notice.- Upon entry on the docket of an action transferred from the District Court pursuant to a demand for jury trial or a demand for transfer pursuant to section (d) of Rule 3-326, the clerk shall send to the plaintiff and each party who has been served in the District Court action a notice that states the date of entry and the assigned docket reference and includes a "Notice to Defendant" in substantially the following form:

Notice to Defendant

If you are a "defendant," "counter-defendant," "cross defendant,"
or "third-party defendant" in this action and you wish to contest the case
against you, you must file in this court an answer or other response to the
complaint, counterclaim, cross-claim, or third-party claim within 30 days
after the date of this notice, regardless of whether you filed a notice of
intention to defend or other response in the District Court.

If an action is transferred and a defendant or third-party defendant has not been served with process, the burden is on the plaintiff or third-party plaintiff to obtain service, as if the action were originally filed in a circuit court.

(b) Answer or other response; subsequent proceedings.- Regardless of whether a notice of intention to defend or other response was filed in the District Court, a defendant, counter-defendant, cross defendant, or third-party defendant shall file an answer or other response to the complaint, counterclaim, cross-claim, or third-party claim within 30 days after the clerk sends the notice required by section (a) of this Rule. Following the expiration of the 30-day period, the action shall thereafter proceed as if originally filed in the circuit court.

As such once served the defendant has 25 days to seek a removal of the case from the district court to the circuit court. With in 15 days after the clerk transfers the case the plaintiff can object to the removal on the basis of an untimely request. After the case is transferred and docketed the defendant has 30 days to file his new answer to the complaint.