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Rule 2-326. CERTAIN TRANSFERS FROM DISTRICT COURT

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 2. Civil Procedure--Circuit Court
Chapter 300. Pleadings and Motions
MD Rules, Rule 2-326
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.
Committee note: 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.
Source: This Rule is new.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 20, 1984, eff. Jan. 1, 1985; June 3, 1988, eff. July 1, 1988; Feb. 10, 1998, eff. July 1, 1998; Nov. 12, 2003, eff. Jan. 1, 2004.]
MD Rules, Rule 2-326, MD R RCP CIR CT Rule 2-326
Current with amendments received through August 1, 2020.
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