Home Table of Contents

RULE 3-509. TRIAL UPON DEFAULT

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 3. Civil Procedure--District Court
Chapter 500. Trial
MD Rules, Rule 3-509
RULE 3-509. TRIAL UPON DEFAULT
(a) Requirements of Proof. When a motion for judgment on affidavit has not been filed by the plaintiff, or has been denied by the court, and the defendant has failed to appear in court at the time set for trial:
(1) if the defendant did not file a timely notice of intention to defend, the plaintiff shall not be required to prove the liability of the defendant, but shall be required to prove damages; except that for claims arising from consumer debt, as defined in Rule 3-306 (a)(3), when the plaintiff is not the original creditor, as defined in Rule 3-306 (a)(5), the court (A) shall require proof of liability, (B) shall apply the requirements set forth in Code, Courts Article, § 5-1203 (b)(2), and (C) may also consider other competent evidence;
(2) if the defendant filed a timely notice of intention to defend, the plaintiff shall be required to introduce prima facie evidence of the defendant's liability and to prove damages. For claims arising from consumer debt, as defined in Rule 3-306 (a)(3), when the plaintiff is not the original creditor, as defined in Rule 3-306 (a)(5), the court shall require proof of liability and apply the requirements set forth in Code, Courts Article, § 5-1203 (b)(2). The court may also consider other competent evidence.
(b) Property Damage--Affidavit. When the defendant has failed to appear for trial in an action for property damage, prima facie proof of the damage may be made by filing an affidavit to which is attached an itemized repair bill, or an itemized estimate of the costs of repairing the damaged property, or an estimate of the fair market value of the property. The affidavit shall be made on personal knowledge of the person making such repairs or estimate, or under whose supervision such repairs or estimate were made, and shall include the name and address of the affiant, a statement showing the affiant's qualification, and a statement that the bill or estimate is fair and reasonable.
(c) Notice of Judgment. Upon entry of a judgment against a defendant in default, the clerk shall mail notice of the judgment to the defendant at the address stated in the pleadings and shall ensure that the docket or file reflects compliance with this requirement.
Cross reference: For default judgments relating to citations issued for certain record-keeping violations, see Code, Transportation Article, § 15-115.
Source: This Rule is derived from former M.D.R. 648.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended Oct. 31, 2002, eff. Jan. 1, 2003; Sept. 8, 2011, eff. Jan. 1, 2012; Dec. 13, 2016, eff. Apr. 1, 2017.]

Editors' Notes

HISTORICAL NOTES
2002 Orders
The October 31, 2002, order added the cross reference following section (c).
2011 Orders
The September 8, 2011, order, in section (a)(1), added “; except that for claims arising from consumer debt, as defined in Rule 3-306 (a)(3), when the plaintiff is not the original creditor, as defined in Rule 3-306 (a)(5), the court (A) may require proof of liability, (B) shall consider the requirements set forth in Rule 3-306 (d), and (C) may also consider other competent evidence”; and in section (a)(2), added the second sentence.
2016 Orders
The December 13, 2016, order, amended (a)(1) to make it mandatory in assigned consumer debt collection actions not resolved by judgment on affidavit for the court to require proof of liability and applied certain statutory requirements for admission of document.
MD Rules, Rule 3-509, MD R RCP DIST CT Rule 3-509
Current with amendments received through September 15, 2018.
End of Document© 2018 Thomson Reuters. No claim to original U.S. Government Works.