RULE 3-701. SMALL CLAIM ACTIONS
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 3-701
RULE 3-701. SMALL CLAIM ACTIONS
Cross reference: Code, Courts Article, § 4-405.
(c) Trial Date and Time. A small claim action shall be tried at a special session of the court designated for the trial of small claim actions. Upon the filing of the complaint, the clerk shall fix the date and time for trial of the action. When the notice of intention to defend is due within 15 days after service, the original trial date shall be within 60 days after the complaint was filed. When the notice of intention to defend is due within 60 days after service, the original trial date shall be within 90 days after the complaint was filed. With leave of court, an action may be tried sooner than on the date originally fixed.
Cross reference: See Rule 3-307 concerning the time for filing a notice of intention to defend.
(d) Counterclaims--Cross-Claims--Third-Party Claims. If a counterclaim, cross-claim, or third-party claim in an amount exceeding the jurisdictional limit for a small claim action (exclusive of interest, costs, and attorney's fees and exclusive of the original claim) is filed in a small claim action, this Rule shall not apply and the clerk shall transfer the action to the regular civil docket.
Cross reference: Rule 3-331 (f).
Cross reference: See Code, Courts Article, § 5-1203 (b)(2) and Rule 5-101 (b)(4).
Source: This Rule is derived in part from former M.D.R. 568 and 401 a and is in part new.
Credits
[Adopted April 6, 1984, eff. July 1, 1984. Amended April 7, 1986, eff. July 1, 1986; Dec. 15, 1993, eff. July 1, 1994; Nov. 12, 2003, eff. Jan. 1, 2004; Dec. 13, 2016, eff. Apr. 1, 2017.]
MD Rules, Rule 3-701, MD R RCP DIST CT Rule 3-701
Current with amendments received through September 1, 2024. Some sections may be more current, see credits for details.
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