Rule 3-701 - Small Claim Actions(a) Applicable Rules. The rules of this Title apply to small claim actions, except as provided in this Rule. Cross reference: Code, Courts Article, § 4-405.
(b) Forms. Forms for the commencement and defense of a small claim action shall be prescribed by the Chief Judge of the District Court and used by persons desiring to file or defend such an action.(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).
(e) Discovery Not Available. No pretrial discovery under Chapter 400 of this Title shall be permitted in a small claim action.(f) Conduct of Trial. The court shall conduct the trial of a small claim action in an informal manner. Except as otherwise required by law, Title 5 of these rules does not apply to proceedings under this Rule.Md. R. Civ. P. Dist. Ct. 3-701
This Rule is derived in part from former M.D.R. 568 and 401 a and is in part new.
Adopted April 6, 1984, eff. 7/1/1984. Amended April 7, 1986, eff. 7/1/1986; 12/15/1993, eff. 7/1/1994; 11/12/2003, eff. 1/1/2004; 12/13/2016, eff. 4/1/2017.HISTORICAL NOTES
2003 Orders
The November 12, 2003, order rewrote section (c); added the cross reference following section (c); and amended the source note. Prior to amendment, section (c) read:
"(c) Trial Date and Time. The original trial date for a small claim action shall be within 60 days after the filing of the complaint, except that the original trial date shall be within 90 days after the filing of the complaint if service of the complaint is to be made outside this State or on a statutory agent for the defendant. The action shall be tried at a special session of the court designated for the trial of small claim actions.
2016 Orders
The December 13, 2016 order, added a certain exception to section (f) and added to the cross reference following section (f) a citation to Code, Courts Article, § 5-1203(b)(2).
See Code, Courts Article, § 5-1203(b)(2) and Rule 5-101(b)(4).