Bill Summary – FastDemocracy

HB 899
                       Department of Legislative Services
                               Maryland General Assembly
                                     2021 Session
                            FISCAL AND POLICY NOTE
                               Third Reader - Revised
House Bill 899                   (Delegate Bartlett)
Judiciary                                                                Judicial Proceedings
                   Courts - Civil Jury Trials - Amount in Controversy
This bill makes the statutory changes necessary to implement the constitutional amendment
proposed by Senate Bill 669/House Bill 902 of 2021. The bill prohibits a party in a civil
action from requesting a jury trial if the amount in controversy does not exceed $25,000,
exclusive of attorney’s fees if attorney’s fees are recoverable by law or contract. The bill
may not be construed to affect any requirement under Maryland Rule 2-325 for withdrawal
of an election for jury trial after a party files a demand electing a trial by jury. The bill
applies prospectively to civil actions filed on or after the bill’s effective date. The bill is
contingent on the adoption by the voters of a constitutional amendment
(Senate Bill 669/House Bill 902 of 2021) increasing the amount in controversy in civil
proceedings in which the right to trial by jury may be limited by legislation. The bill takes
effect on the date of the proclamation by the Governor that the constitutional
amendment has been adopted.
                                     Fiscal Summary
State Effect: Because the bill eliminates the availability of jury trial demands in certain
civil cases originally filed in the District Court, some cases that might otherwise have gone
to circuit courts for jury trials remain in the District Court. Any increase in caseload for the
District Court can be handled with existing resources. Revenues are not materially affected.
Local Effect: Potential minimal decrease in expenditures for circuit courts due to the
decrease in the number of jury trials as a result of the bill. Revenues are not materially
affected.
Small Business Effect: Minimal.
                                           Analysis
Current Law: The right to a jury trial in Maryland is established in Articles 5 and 23 of
the Maryland Declaration of Rights. Article 5 preserves the right of the inhabitants of
Maryland to a jury trial as it existed in the English Common Law on July 4, 1776. Article 23
inviolably preserves the right to a jury trial in civil proceedings where the amount in
controversy exceeds $15,000. A party may not demand a jury trial if the amount in
controversy does not exceed $15,000, exclusive of any attorney’s fees if attorney’s fees are
recoverable by law or contract.
The District Court of Maryland has exclusive original jurisdiction for a civil case in which
the amount in controversy does not exceed $5,000, exclusive of prejudgment or
postjudgment interest, costs, and attorney’s fees if attorney’s fees are recoverable by law
or contract.
The District Court has concurrent jurisdiction with the circuit courts in a civil case in which
the amount in controversy exceeds $5,000, but does not exceed $30,000, exclusive of
prejudgment or postjudgment interest, costs, and attorney’s fees if attorney’s fees are
recoverable by law or contract. The plaintiff may elect to file such a case in the
District Court or a circuit court. However, if the plaintiff files the case in the District Court
and the amount in controversy exceeds $15,000, any party to the case may demand a jury
trial and the case must be transferred to the circuit court.
The circuit courts have exclusive jurisdiction in civil cases in which the amount in
controversy exceeds $30,000, exclusive of prejudgment or postjudgment interest, costs,
and attorney’s fees if attorney’s fees are recoverable by law or contract.
                                 Additional Information
Prior Introductions: Similar legislation has been considered during previous legislative
sessions. HB 727 of 2020 received a hearing in the House Judiciary Committee, but no
further action was taken. Its cross file, SB 551, received a hearing in the Senate Judicial
Proceedings Committee, but no further action was taken. SB 775 of 2019 received a
hearing in the Senate Judicial Proceedings Committee, but no further action was taken.
SB 475 of 2015 received a hearing in the Senate Judicial Proceedings Committee, but no
further action was taken.
Designated Cross File: SB 670 (Senator Waldstreicher) - Judicial Proceedings.
Information Source(s): Judiciary (Administrative Office of the Courts); Department of
Legislative Services
HB 899/ Page 2
Fiscal Note History:   First Reader - February 22, 2021
an/jkb                 Third Reader - April 12, 2021
                              Revised - Amendment(s) - April 12, 2021
Analysis by: Amy A. Devadas                       Direct Inquiries to:
                                                  (410) 946-5510
                                                  (301) 970-5510
HB 899/ Page 3
Statutes affected: 
Text - First - Courts - Civil Jury Trials - Amount in Controversy: 4-402 Courts and Judicial Proceedings
Text - Third - Courts - Civil Jury Trials - Amount in Controversy: 4-402 Courts and Judicial Proceedings