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RULE 3-325. JURY TRIAL

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 3. Civil Procedure--District Court
Chapter 300. Pleadings and Motions
MD Rules, Rule 3-325
RULE 3-325. JURY TRIAL
(a) Demand--Time for Filing.
(1) By Plaintiff. A plaintiff whose claim is within the exclusive jurisdiction of the District Court may elect a trial by jury of any action triable of right by a jury by filing with the complaint a separate written demand therefor.
(2) By Defendant. 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 therefor within ten days after the time for filing a notice of intention to defend.
(b) Waiver. 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.
(c) Transmittal of Record to Circuit Court. 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.
Cross reference: Code, Courts Article, § 4-402 (e)(2).
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 343 b and c.
Section (b) is derived from former M.D.R. 343 a.
Section (c) is derived from former M.D.R. 343 d and e.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended April 7, 1986, eff. July 1, 1986; June 3, 1988, eff. July 1, 1988; Oct. 31, 2002, eff. Jan. 1, 2003.]

Editors' Notes

HISTORICAL NOTES
2002 Orders
The October 31, 2002, order, in section (c), in the second sentence, substituted “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” for “on its own initiative, or on motion of a party, that the demand for jury trial was not timely filed”.
MD Rules, Rule 3-325, MD R RCP DIST CT Rule 3-325
Current with amendments received through April 1, 2020.
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