SB 669
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
Senate Bill 669 (Senator Waldstreicher)
Judicial Proceedings Judiciary
Constitutional Amendment - Civil Jury Trials
This proposed constitutional amendment increases, from more than $15,000 to more than
$25,000, the amount in controversy in civil proceedings in which the right to trial by jury
may be limited by legislation.
Fiscal Summary
State Effect: None.
Local Effect: None.
Small Business Effect: None.
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, a defendant 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 726 of 2020 received a hearing in the House Judiciary Committee, but no
further action was taken. Its cross file, SB 550, received a hearing in the Senate Judicial
Proceedings Committee, but no further action was taken. SB 776 of 2019 received a
hearing in the Senate Judicial Proceedings Committee, but no further action was taken.
SB 474 of 2015 received a hearing in the Senate Judicial Proceedings Committee, but no
further action was taken.
Designated Cross File: HB 902 (Delegate Bartlett) - Judiciary.
Information Source(s): Judiciary (Administrative Office of the Courts); Maryland State
Board of Elections; Department of Legislative Services
Fiscal Note History: First Reader - February 22, 2021
an/jkb Third Reader - March 17, 2021
Enrolled - April 16, 2021
Revised - Amendment(s) - April 16, 2021
Analysis by: Amy A. Devadas Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 669/ Page 2