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RULE 12-602. RECOVERY OF PROPERTY OR VALUE AFTER JUDGMENT--DETINUE

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 12. Property Actions
Chapter 600. Replevin and Detinue
MD Rules, Rule 12-602
RULE 12-602. RECOVERY OF PROPERTY OR VALUE AFTER JUDGMENT--DETINUE
(a) Action.
(1) A person claiming the right to possession of personal property may file an action under this Rule.
(2) The Action:
(A) shall be brought in the District Court if the value of the property and any damages claimed are within the exclusive jurisdiction of that court;
(B) may be brought in either the District Court or a circuit court if the value of the property and any damages claimed are within the concurrent jurisdiction of those courts; and
(C) shall be brought in the circuit court if the value of the property and any damages claimed exceed the monetary jurisdiction of the District Court.
(3) If the plaintiff has brought an action under Rule 12-601, a separate action under this Rule shall not be brought. If required by Rule 2-326, a new complaint shall be filed in accordance with that Rule.
(b) Defendant. The action shall be brought against the person who has possession of the property at the time the complaint is filed. A person who obtains possession after the complaint is filed shall be joined as a defendant.
Cross reference: Rules 2-211 and 3-211.
(c) Complaint. In addition to complying with Rules 2-303 through 2-305 or 3-303 through 3-305, the complaint shall contain (1) a description of the property claimed and an allegation of its value, (2) an allegation that the defendant unjustly detains the property, (3) a claim for return of the property or payment of its value, and (4) any claim for damages to the property or for its detention.
(d) Judgment.
(1) For Plaintiff. A judgment for the plaintiff shall award possession of the property or, in the alternative, payment of its value. The judgment shall separately set forth the value of the property and any amount awarded for damage to or detention of the property. Unless the court orders otherwise for good cause or the plaintiff agrees on the record to accept the value of the property as fixed by the judgment instead of return of the property, the plaintiff may enforce return of the property pursuant to Rules 2-647 or 3-647. The plaintiff may also seek enforcement of any damages awarded pursuant to the rules contained in Chapter 600 of Title 2 or Title 3, as appropriate.
(2) For Defendant. If a judgment is entered for the defendant after the plaintiff has obtained immediate possession of the property pursuant to Rule 12-601, the court shall order return of the property to the defendant. On motion filed within 15 days after entry of the judgment, the court shall enter judgment for any damages sustained by the defendant by reason of the plaintiff's possession.
Source: This Rule is derived from former M.D.R. BQ 51 and former Maryland Rule BQ 53.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997.]

Editors' Notes

HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure BQ53, adopted June 23, 1967, eff. Sept. 1, 1967, amended eff. May 25, 1973; amended April 6, 1984, eff. July 1, 1984, related to detinue, rescinded June 5, 1996, eff. Jan. 1, 1997.
Maryland District Rule BQ51, adopted as Rule BQ53, renumbered as Rule BQ51, eff. May 25, 1973, amended eff. May 25, 1973; amended April 6, 1984, eff. July 1, 1984, related to detinue, rescinded June 5, 1996, eff. Jan. 1, 1997.
MD Rules, Rule 12-602, MD R PROP ACT Rule 12-602
Current with amendments received through November 15, 2019.
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