Md. R. Prop. Act'n 12-207

As amended through October 15, 2024

Rule 12-207 - Trial

(a)Trial by Jury Unless Otherwise Elected. An action for condemnation shall be tried by a jury unless all parties file a written election submitting the case to the court for determination. All parties may file a written election submitting an issue of fact to the court for determination without submitting the whole action.

Committee note: The issue of the plaintiff's right to condemn is a question of law for the court. Bouton v. Potomac Edison Co., 288 Md. 305 (1980).

(b)Opening Statement. Each party to the action may make an opening statement to the trier of fact. If the action for condemnation is not aquick-take pursuant to Maryland Constitution, Art. III, §§ 40A-40C, the opening statement may be made before the trier of fact views the property sought to be condemned. A plaintiff may reserve the opening statement until after a view. A defendant may reserve the opening statement until after a view or until the conclusion of the evidence offered by the plaintiff.

Cross reference: See Bern-Shaw Limited Partnership v. Mayor and City Council of Baltimore, 377 Md. 277 (2003), which held that section (c) of this Rule does not apply to aquick-take condemnation proceeding.

(c)View. Before the production of other evidence, the trier of fact shall view the property sought to be condemned unless the court accepts a written waiver filed by all parties or the condemnation is aquick-take proceeding. In a jury trial, each party shall inform the court, before the jury leaves for the view, of the name of the person to speak for that party at the view. Only one person shall represent all of the plaintiffs and only one person shall represent all of the defendants, unless the court orders otherwise for good cause. Only those persons shall be permitted to make any statement to the jury during the view, and the court shall so instruct the jury. These persons shall point out to the jury the property sought to be condemned, its boundaries, and any adjacent property of the owner claimed to be affected by the taking. They may also point out the physical features, before and after the taking, of the property taken and of any adjacent property of the owner claimed to be affected by the taking. The judge shall be present at and shall supervise the view unless the court accepts a written waiver filed by all parties.

The parties, their attorneys, and other representatives may be present during a view. A jury shall be transported to and attend a view as a body under the charge of an officer of the court, and the expense of transporting the jury shall be assessed as costs.

Md. R. Prop. Act'n 12-207

This Rule is derived from former Rules U15, U17, and U18.

Adopted June 5, 1996, eff. 1/1/1997. Amended April 5, 2005, eff. 7/1/2005.

HISTORICAL NOTES

2005 Orders

The April 5, 2005, order rewrote section (b), which previously read:

"(b) Opening Statement. Each party to the action may make an opening statement to the trier of fact before the trier of fact views the property sought to be condemned. A plaintiff may reserve the opening statement until after the view. A defendant may reserve the opening statement until after the view or until the conclusion of the evidence offered by the plaintiff

The April 5, 2005, order also inserted the cross reference following section (b); and, in section (c), in the first sentence, inserted "or the condemnation is a "quick-take proceeding.

Derivation:

Maryland Rule of Procedure U15, revised May 22, 1963, eff. June 1, 1963, related to the right to trial by jury, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure U17, revised May 22, 1963, eff. June 1, 1963, related to opening statements, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure U18, related to viewing property, rescinded April 6, 1984, eff. July 1, 1984.