Maryland § 4-402

Full text of Maryland Maryland Code § 4-402, with citation guidance and answers to common questions.

§ 4-402.

    (a)    Except as provided in §§ 4–401 and 4–404 of this subtitle, the District Court does not have equity jurisdiction.

    (b)    Except as provided in § 4–401 of this subtitle, the District Court does not have jurisdiction to decide the ownership of real property or of an interest in real property.

    (c)    The District Court does not have jurisdiction to render a declaratory judgment.

    (d)    (1)    (i)    Except in a case under paragraph (2), (4), (5), or (6) of § 4–401 of this subtitle, the plaintiff may elect to file suit in the District Court or in a trial court of general jurisdiction, if the amount in controversy exceeds $5,000, exclusive of prejudgment or postjudgment interest, costs, and attorney’s fees if attorney’s fees are recoverable by law or contract.

            (ii)    In the case of a class action, the separate claims of the proposed members of the class may be aggregated to meet the minimum amount in controversy required under subparagraph (i) of this paragraph.

        (2)    In a case under § 4–401(7) or (8) of this subtitle, the plaintiff may elect to file a petition for injunctive relief either in the District Court or the circuit court.

        (3)    In a case under § 4–401(16) of this subtitle, the plaintiff may elect to file a claim for a replacement motor vehicle in either the District Court or the circuit court.

    (e)    (1)    In a civil action in which the amount in controversy does not exceed $25,000, exclusive of attorney’s fees if attorney’s fees are recoverable by law or contract, a party may not demand a jury trial pursuant to the Maryland Rules.

        (2)    Except in a replevin action, if a party is entitled to and files a timely demand, in accordance with the Maryland Rules, for a jury trial, jurisdiction is transferred forthwith and the record of the proceeding shall be transmitted to the appropriate court. In a replevin action, if a party is entitled to and files a timely demand for a jury trial, the District Court may conduct a hearing on the show–cause order prior to issuing the writ, enforce an injunction issued by it in the action, and issue, renew, and receive returns upon the writ of replevin. The action shall be transmitted to the appropriate court only after the writ has been returned, stating that the property sought has been seized or eloigned, and the time for filing a notice of intention to defend has expired.

    (f)    If the amount in controversy in an action for damages for a dishonored check or other instrument under § 4–401(17) of this subtitle exceeds $25,000, the defendant is entitled to transfer the action from the District Court to an appropriate circuit court by filing a timely demand as prescribed under the Maryland Rules.

Frequently Asked Questions About Maryland § 4-402

What does Maryland Code § 4-402 cover?

Section 4-402 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 4-402?

A common citation format is "Maryland Code § 4-402" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 4-402 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.