Going to Court in Maryland: Maryland State Law Library

Introduction: This guide is designed for individuals seeking a basic overview of the judicial process in Maryland. The guide focuses on civil rather than criminal matters, Maryland state rather than federal courts, and trial court rather than appellate court procedure. It also does not include probate court procedure (Orphans' Court/wills). This guide is written primarily for Pro Se litigants (self-help users) but others may find it useful as well. The Annotated Code of Maryland (often called the "Code," or the "Maryland Code") and the Maryland Rules (the "Rules") govern going to court in Maryland. Both the Rules and the Code can be found online at the Maryland State Law Library website under the link "Sources of Maryland Law."

I. Overview of the Maryland Judicial System

Maryland, like all states, has two basic types of courts: trial courts and appellate courts. Both the Maryland District Court and the Maryland Circuit Court are considered trial courts. In contrast to trial courts, appellate courts review decisions made by the trial courts. In Maryland, as in most states, there is an intermediate level appellate court—called the Maryland Court of Special Appeals—and the highest appellate court called the Maryland Court of Appeals. The Maryland Court of Appeals is the name of Maryland's highest court, and it is the state's court of last resort and the final stop in the judicial process. This link provides an overview of the court structure in Maryland.

II. Do you want to take someone to court?

A. Where to File the Action

If you are thinking about taking legal action against another party (person, company, etc.), the first thing you need to do is try to settle the matter (work it out) without going to court. If you have done that, and were unsuccessful, you need to find out in which court to file (begin) the action. The fact that you are starting or initiating a new action, and not demanding an appeal for a court judgment already decided, means that you will bring your action in one of the two types of trial courts in Maryland: the District or Circuit Courts. The following should help you determine in which court you should file your case:

Maryland District Court: This court handles cases involving landlord-tenant issues, small claims in the amount of $5,000 or less, civil disputes in the amounts of $5,000 to $30,000, motor vehicle violations, less grievous criminal actions, and, along with the Circuit Courts, domestic violence proceedings.

Maryland Circuit Court: This court handles the more serious criminal cases, divorce, civil matters in amounts greater than $25,000, and cases in which a jury trial is requested.

Once you have determined whether you should bring your case in Circuit or District courts, the next step is to determine which specific Circuit or District court to bring your case, usually in the county where you live. There are 24 counties in the State of Maryland, each of which has at least one, and sometimes more than one, Circuit and District Court. The following links provide contact information for specific Circuit and District courts.

Click here to find the District Court for your county. Clicking on the link for your county will provide you with the hours of operation and directions to the courthouse.

Click here to find the Circuit Court for your county. Clicking on the link for your county will provide you with the hours of operation and directions to the courthouse.

If you will be proceeding in District court, see Section B below. If you will be proceeding in Circuit Court see Section C below.

B. Overview of the Judicial Process: District Courts

Before starting a legal action against someone, you first need to consider how long it has been since the event happened. If too much time has gone by, you may no longer be able to file suit. This time period is known as the "Statute of Limitations," which varies depending on the legal question involved. The Annotated Code of Maryland contains the statutes of limitations for different actions, and the issue can be complicated. The Index to the Code has three two-column pages devoted to the different limitation statutes, found under "Limitation of Actions." Many are found under Title 5 in the Courts and Judicial Proceedings Article (CJ), but many are also found in other articles of the Code.

Additionally, if you want a trial by jury, and your case is one which can be tried by jury, you should file a separate written demand for a trial by jury along with the Complaint. Rule 3-325. After you file this request, the record will be transferred to the Circuit court within 15 days unless the District Court determines that the demand was not timely filed or that the action is not able to be tried by jury. However, jury trials are generally much more complicated than District Court trials, and you should probably consult an attorney at this point.

After you have filed the Complaint, the clerk of the court will set a date and time for the trial, and will notify you of the date. Rule 3-102. The clerk will then issue a Summons to the other party, (the defendant), which legally enters the other party into the case.here are several ways in which the Summons can be delivered to the other party (for example,hand-delivery or mail). You may choose the means of delivery by selecting the appropriate option on the Complaint form.

Once the defendant receives the Summons, he or she is required to respond in order to dispute your claim. If there is no response within 15 days of receipt of the summons, your claim is for money damages, and you have filed with your Complaint a motion for judgment on affidavit under Rule 3-306, you do not need to report to court on the day specified by the Clerk and the court may decide the case based on your complaint, affidavit, and supporting documents. Rule 3-306(b)(2).

There are other responses that the other party may make, but the most likely scenario is that the other party will respond by filing a notice of intention to defend, including any explanation or ground of defense to your Complaint. Rule 3-307. On the other hand, the other party might also file a counterclaim against you, in which case you might likewise, in response, choose to file your own Notice of Intention to Defend.

Another possibility is that you and the other party might decide to negotiate a settlement, (work it out together), rather than go forward with the trial.

At this point, to prepare for trial, you may need to obtain information from the other party. The process of obtaining case related information from the other party is called Discovery. Rule 3-401 In most District Court cases, this will be limited to interrogatories (written questions) to the defendant. Rule 3-421 If the other party fails to respond to your requests for information, you may file a motion for an order compelling discovery. Rule 3-421(g) In addition, you may file a motion asking the court for sanctions against the other party Rule 3-421(h) .

In addition, if the other party has filed a Notice of Intent to Defend, and will appear in court, you may wish to present the testimony of any other individuals involved in the case (witnesses). To be sure that your witnesses appear in court, you may request the clerk of the court to issue a subpoena requiring their attendance at the trial. Rule 3-510.

At trial, if the other party fails to appear in court, and you have filed a motion for judgment on affidavit, the case may be decided based on the information you have provided Rule 3-509. If the other party does appear and present their evidence, you may are still able to make a motion for judgment in your favor. Rule 3-519. See Form 3-519.1 in the Maryland Civil Procedure Forms for an example of this form.

After the trial, within 10 days from the date judgment was given, if you are not satisfied with the judgment, you can file a Motion for A New Trial. Rule 3-533. You can find an example of this form in Maryland Civil Procedure Forms, Form 3-533.1. If you feel crucial evidence was not included during trial, you can also file a Motion to Alter or Amend the judgment within 10 days after judgment was given. Rule 3-534. See Form 3-534.1 Maryland Civil Procedure Forms for an example of this form. You may also choose to file both of these motions. Within 30 days after the entry of judgment, either party can file a Motion to revise the judgment under Rule 3-535.

If the judgment is in your favor, but the other party fails to comply with the judgment, there are several different ways in which to collect it. You can have the court issue a Writ of Execution, allowing the court to seize the other party's property. Rule 3-641. You can also file a Rule 3-646 which requires the other party's employer to deduct certain amounts from each paycheck and send them to you until the judgment is paid in full. See the Maryland Code, Commercial Law Article, Sections 15-60 through 15-601 In addition to the above actions, the court may order the seizure (confiscation) or sequestration (impounding) of property of the noncomplying person under Rule 3-648. However, depending on the amount of money involved, it may be better to engage an attorney to assist you if the other party refuses to satisfy (pay) the judgment.

C. Overview of the Judicial Process: Circuit Courts

Before starting a legal action against someone you first need to consider how long it has been since the event happened. If too much time has gone by,you may no longer be able to file suit. This time period is known as the "Statute of Limitations," which varies depending on the legal question involved. The Annotated Code of Maryland contains the statutes of limitations for different actions, and the issue can be complicated. The Index to the Code has three two-column pages devoted to the different limitation statutes, found under "Limitation of Actions." Many are found under Title 5 in the Courts and Judicial Proceedings Article (CJ), but many others are also found in other articles of the Code.

Assuming that you are filing within the relevant statute of limitations,you begin the same way you would in the District Court with the filing of a Complaint. Rule 2-101. However, the Circuit Court does not provide preprinted forms as in the District Court. You are required to prepare your own complaint, but there are guidelines in the Maryland Rules as well as in form books available in public law libraries and many Circuit Clerks offices.

In addition to filing the complaint, in the Circuit Court the person lodging the Complaint is required to file a Case Information Report that helps the court system track the case you are initiating Rule 2-111. This report must be filed substantially in the form available from the Clerk. Rule 16-202b. The type of Case Information Report you should file depends on whether your case deals with domestic issues or not: if it does you should file a Civil Domestic Case Information Report; if it does not you should file a Non-Domestic Case Information Report.

After you have filed the Complaint, the clerk of the court in which you filed will then issue a Summons to the other party under Rule 2-112. Once the other party receives the summons, litigation formally begins. Depending on the type of case, process (the delivery of the summons) will be served in one or more of several ways under Rules 2-111 through 2-126 (e.g., hand delivery, mail).

If the other party is served the Complaint in Maryland, they are allowed 30 days to file an Answer, counterclaim, cross-claim, or third-party claim (a claim filed against someone not party to the action). Rule 2-321(a). However, defendants who are served outside the state of Maryland, outside the U.S., or served by publication or posting have longer time periods in which to file an Answer. Rule 2-321(b). Alternately, the defendant may file one of a number of preliminary motions under Rule 2-322 before filing an Answer, which may require a response on your part. Another possibility is that both you and the other party might jointly decide to negotiate a settlement, thus avoiding a trial altogether. The most likely scenario, though, is that the other party will file an Answer under Rule 2-323.

At this point, to prepare for trial, you may need to obtain information from the other party. The process of obtaining case related information from the other party is called "Discovery," and is governed by Rules 2-401 through 2-434. There are various means of obtaining information from the other party—including depositions, interrogatories, and requests for admissions. If the other party does not respond to your requests to obtain information, you may be able to move for sanctions against the other party under Rule 2-432(a). In addition, you can also file an order compelling discovery under Rule 2-432(b).

At any time, if you feel there is no genuine dispute between you and the other party about the facts of the case, you may consider filing a Motion for Summary Judgment under Rule 2-501. For a sample form, see Maryland Civil Procedure Form 2-501.1. If you do not choose this option, the case will proceed to trial.

In Circuit Court, Rule 2-325 allows you to elect a trial by jury of any issue triable of right by a jury under Rule 2-511. Not all cases are allowed to be tried by a jury. If a jury trial is elected, six jurors will hear the case. Rule 2-511(b). Whether you elect a jury trial or a court trial (decided by a judge), you will most likely wish to have subpoenas issued prior to trial to compel witnesses to attend the trial, give testimony, and produce documents in support of your case. Rule 2-510. At the close of evidence offered by the other party in a court trial, or at the close of all the evidence in a jury trial, you may move for judgment on any or all of the issues. Rule 2-519. See Form 2-519.1 in the Maryland Civil Procedure Forms for an example of this motion.

After the trial, within 10 days from the date judgment was given, if you are not satisfied with the judgment, you may file a Motion for a New Trial under Rule 2-533. A sample form for this motion appears in Maryland Civil Procedure Forms, Form 2-533. After a jury trial, if you believe the evidence was insufficient to justify the verdict, and if you made a motion for judgment at the close of all the evidence, you may file a Motion for Judgment notwithstanding the Verdict under Rule 2-532. After a court trial, if you feel that crucial evidence was not included during trial, you may file a Motion to Alter or Amend a Judgment within 10 days after judgment was given Rule 2-534. You may join this Motion with a motion for a new trial.

Alternatively, within 30 days after entry of judgment, you may file a motion for the court to exercise revisory power in certain specified circumstances under Rule 2-535. You may also have the right to appeal the court's judgment to a higher court under Rules 8-201 through 8-306. If you choose this option you should seriously consider engaging an attorney if you have not done so already, because appeals can be very time-consuming and complicated.

If you are satisfied with the judgment, but the other party fails to comply with the judgment, you have several options for collecting on the judgment under Rules 2-301 through 2-652. For example, you may have the court issue a Writ of Execution, allowing the court to seize the other party's property under Rules 2-641 through 2-645.You may also file a Request for Garnishment of Wages under Rule 2-646 that will require the other party's employer to deduct certain amounts from each paycheck and send them to you until the judgment is paid in full. See also the Maryland Code, Commercial Law Article, Sections 15-60 through 15-601. In addition to the above actions, the court may order the seizure (confiscation) or sequestration (impounding) of property of the noncomplying person. Rule 2-648. However, depending on the amount of money involved, it may be better to engage an attorney to assist you if the other party refuses to satisfy (pay) the judgment.

III. Has someone sued you in Court?

If someone has sued you in District Court click here . If someone has sued you in Circuit Court click here.

A. Overview of the Judicial Process: District Courts

If legal action has been initiated against you (you have been sued), you will receive notice of this action through a document called a Summons that may either be mailed to you or delivered to you, perhaps by a sheriff under Rule 3-121. The Summons notifies you that another individual has filed a Complaint against you and intends to take you to trial. Your opponent will be called the Plaintiff, and you will be called the Defendant on all court papers and at the trial.

In the District Court, all pleadings (complaints, etc.) should be prepared on District Court forms. These forms are available at the Civil Clerk's office of the District Courts in the counties of Maryland. The forms and instructions are also available on the District Court Forms page. There are a number of possible ways in which you may respond to the Summons:

Ignore the Summons: If you fail to respond within 15 days of receiving the Summons, you automatically forfeit the opportunity to defend yourself and you risk having your opponent win by default.

File A Notice Of Intention To Defend: If you intend to contest the case filed against you, you must file a Notice of Intention to Defend within 15 days of your receipt of the Summons Rule 3-307(b). See Form 3-307.1 Maryland Civil Procedure Forms for an example of this form. In addition, you may wish to contact the particular court that issued the Summons to find out what information to include in this form.

File A Counter-Claim: In addition to filing a Notice of Intention to Defend, you may also wish to file a counterclaim against the person who is suing you, and/or a cross-claim, or a third party claim against other individuals involved in the incident. Rule 3-331. You would initiate these claims by filing a Complaint Form in the District Court within your county. At this time, you should also submit to the court any material that supports your case.

Attempt to Negotiate a Settlement: Try to contact your opponent directly and arrive at a settlement and thereby avoid the cost and hassle of litigation.

If you decide to file a Notice of Intention to Defend, be sure to appear in court on the day specified on the Summons. Additionally, if you want a trial by jury, and your case is one which can be tried by jury, you should file a separate written demand for a trial by jury along with your Notice of Intention to Defend or within 10 days after the end of the time period for filing the notice. Rule 3-325(2). The record will be transferred to the Circuit court within 15 days unless the District Court determines that the demand was not timely filed or that the action is not able to be tried by jury. Rule 3-325. However, jury trials are generally much more complicated than District Court trials, and you should probably consult an attorney at this point.

At this point, if you have decided against negotiating a settlement, and the other party appears intent on bringing action against you, you will need to begin preparing for trial. As part of that process, you may need to obtain information from the other party. The process of obtaining case related information from the other party is called Discovery. Rule 3-401 There are various means of obtaining information from the other party—including depositions, interrogatories, and requests for admissions, but in most District Court cases, discovery is limited to interrogatories (written questions) to the other party (the plaintiff). Rule 3-421 If the other party fails to respond to your requests for information, you may file a motion for an order compelling discovery. Rule 3-421(g) In addition, you may file a motion asking the court for sanctions against the other party Rule 3-421(h).

At trial, if you fail to appear in court, the case will be decided against you by default based on the information provided by the other party Rule 3-509. If you do decide to attend the trial and present your case, you may wish to include the testimony of other individuals involved in the case. To compel these individuals to testify, you may request a Subpoena under Rule 3-510. During the trial, you may make a motion for judgment in your favor at the end of the evidence offered by the other party. (Rule 3-519). See Form 3-519.1 Maryland Civil Procedure Forms for an example of this form.

After the trial, within 10 days from the date judgment was given, if you are not satisfied with the judgment, you may file a Motion for A New Trial (Rule 3-533). You can find an example of this form in Maryland Civil Procedure Forms, Form 3-533.1. If you feel crucial evidence was not included during trial, you can also file a Motion to Alter or Amend the judgment within 10 days after judgment was given (Rule 3-534). See Form 3-534.1 Maryland Civil Procedure Forms for an example of this form. You may also choose to file both of these motions. Within 30 days after the entry of judgment, either party can file a Motion to revise the judgment under Rule 3-535.

If the judgment is against you and you fail to comply, there are several different ways in which the court will assist the other party (now often called the judgment creditor) in collecting against you, including a Writ of Execution, under Rule 3-641 The other party may also file a Request for Garnishment of Wages under Rule 3-646 that will require your employer to deduct certain amounts from each paycheck and send them to the other party until the judgment is paid in full. See the Maryland Code Commercial Law Article, Sections 15-60 through 15-601. In addition to the above actions, the court may order the seizure (confiscation) or sequestration (impounding) of your property under Rule 3-648. However, depending on the amount of money involved, you may be able to negotiate payment over time with the other party. If not, and you are unable to satisfy the judgment immediately, you may wish to obtain legal assistance.

B. Overview of the Judicial Process: Circuit Courts

If legal action has been initiated against you, you will receive notice of this action through a document called a Summons that may either be mailed to you or delivered to you, perhaps by a sheriff Rule 2-121. The Summons notifies you that another individual has filed a Complaint against you and seeks to bring you to trial. In Circuit Court, there are no pre-printed forms for most pleadings and other court documents, but there are books and other resources that will help you in drafting these papers. There are a number of possible ways in which you may respond to the Complaint:

Ignore it: In general, if you are a Maryland resident and are served within the state, you have 30 days from your receipt of the Complaint in which to file a response with the Circuit Court. Rule 2-321. If you fail to do so, you may forfeit the opportunity to defend yourself and risk having your opponent win by default.

File A Motion To Dismiss: Before filing an answer, you may file a preliminary motion asserting that the particular court in question, for whatever reason, does not have the authority to hear the present case, or that you were served incorrectly, etc. See Rule 2-322. In this way, you may be able to stop the litigation process even before it begins.

File An Answer: If you intend to defend against the allegation filed against you, you must file an Answer within 30 days of your receipt of the Summons and Complaint. Rule 2-323. In addition, you must also file an Information Report substantially in the form included with the summons if the plaintiff has failed to file one, or if you disagree with anything in the Plaintiff's report, if you disagree with the case management track selected by the Court, or if you have filed or expect to file a counterclaim, cross-claim, or third-party claim. Rule 2-323(h)

File A Counter-Claim: In addition to filing an Answer, you may also wish to file a counterclaim against the individual initiating legal action against you Rule 2-331(a). You can also file a cross-claim Rule 2-331(b) and/or a third party claim Rule2-332 against other individuals involved in the incident. At this time, you should also submit to the court any material that supports your case, such as bills, receipts, contracts, correspondence, etc.

Attempt to Negotiate a Settlement: Try to arrive at a settlement with the person suing you and thereby avoid the cost and hassle of litigation.

If you decide to file an Answer, be sure to appear in court on the day specified on the Summons. Additionally, if you want a trial by jury, and your case is able to be tried by jury, you should file a separate written demand for a trial by jury along with the Complaint. Rule 2-325 Should you decide on this option, you should submit a written demand within 15 days of the last pleading filed by any party. Rule 2-325(b).

At this point, if you have decided against negotiating a settlement, and the other party appears intent on brining legal action against you, you need to begin preparing for trial. As part of that process, you need to obtain information from the other party. The process of obtaining case related information from the other party is called Discovery. See Rules 2-401 through 2-434. There are various means of obtaining information from the other party—including depositions, interrogatories, and requests for admissions. If the other party does not respond to your requests for information, you may file a motion for an order compelling discovery or for sanctions Rule 2-432.

If you feel that there is no genuine dispute between you and the other party about any material fact of the case, you may consider filing a Motion for Summary Judgment under Rule 2-501. See Maryland Civil Procedure Form 2-501.1 for an example of this motion.

At trial, you may wish to present the testimony of other individuals involved in the case. To compel these individuals to appear and testify at the trial, you may request a subpoena under Rule 2-510. At any point during the trial you may move for judgment on any or all of the issues in the action based on the evidence presented thus far in the trial Rule 2-519. See Form 2-519.1 in the Maryland Civil Procedure Forms for an example of this motion.

After the trial, within 10 days from the date judgment was given, if you are not satisfied with the judgment, you can file a Motion for A New Trial under Rule 3-533. You can find an example of this motion in Maryland Civil Procedure Forms, Form 3-533.1. If you feel that crucial evidence was not included during trial, you can also file a Motion to Alter or Amend the judgment within 10 days after judgment was given under Rule 3-534. See Form 3-534.1 Maryland Civil Procedure Forms for an example of this motion. You may also choose to file both of these motions. Within 30 days after the entry of judgment, any party may file a motion to revise the judgment under Rule 3-535.

IV. Alternatives to Litigation

Considering the amount of time, energy, and money involved in most trials, you may wish to consider alternatives to litigation. Alternative Dispute Resolution (ADR) refers to a number of alternative means of resolving disputes, outside of traditional litigation. Two of the most common forms of ADR are mediation, in which a neutral third party helps you and the other party reach an agreement, and arbitration, a type of simplified trial in which you and the other party submit your case to a neutral third party for judgment. For more information, follow the links listed under "Alternative Dispute Resolution" in the Links to Additional Resources.

V. Should You Hire A Lawyer?

The Constitution gives you the right to represent yourself in all cases.[1]At the same time, if after consulting this Guide you still feel bewildered by the civil litigation process, you may wish to consider consulting an attorney. Consulting with an attorney is not required but it may be prudent, particularly in complex cases. Click here for help finding a lawyer in Maryland.

VI. Links to Additional Resources

Print Resources

Maryland Rules

Klein, Robert D. Maryland Civil Procedure Forms With Practice Commentary. Dayton, OH: LexisNexis, 2005.
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Michie's Annotated Code of Maryland: Maryland Rules. Charlottesville, VA: LexisNexis, 2006.
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Niemeyer, Paul V. & Schuett, Linda M. Maryland Rules Commentary. Newark, NJ: LexisNexis, 2003.
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Pro Se Resources

Bergman, Paul. & Berman-Barrett, Sara J. Represent Yourself In Court: How To Prepare And Try A Winning Case. Berkeley, CA: Nolo Press.
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Matthews, Joseph L. The Lawsuit Survival Guide: A Client's Companion to Litigation. Berkeley, CA: Nolo, 2001.
View catalog record

Online Resources

Overview of the Maryland Judicial System

Pro Se Resources

Low Cost and Pro Bono Legal Services

Alternative Dispute Resolution

Law Libraries in Maryland

**Disclaimer: As noted in the introduction, the information contained in this guide is by no means comprehensive, and should only be viewed as a general introduction to the subject. The Maryland State Law Library does not guarantee the accuracy of the information contained in this Guide and assumes no liability for its content. In addition, this information is not intended as legal advice, and should not be construed as such. Should you require legal advice, you should consult with a qualified attorney.

[1] See for example, Garrison v. Lacey C.A. Utah, 362 F.2d 798 (1966), where the court declared, "The Constitution does not force a lawyer on a litigant."

Research Tools

Going To Court In Maryland

An Overview Of The Civil Judicial Process In Maryland District And Circuit Courts

I. Overview of the Maryland Judicial System

II. Do you want to take someone to court?

A. Where to File the Action

B. Overview of the Judicial Process: District Courts

C. Overview of the Judicial Process: Circuit Courts

III. Has someone sued you in Court?

A. Overview of the Judicial Process: District Courts

B. Overview of the Judicial Process: Circuit Courts

IV. Alternatives to Litigation

V. Should You Hire A Lawyer?

VI. Links to Additional Resources

Print Resources

Maryland Rules

Pro Se Resources

Online Resources

Overview of the Maryland Judicial System

Pro Se Resources

Low Cost and Pro Bono Legal Services

Alternative Dispute Resolution

Law Libraries in Maryland