Rule 2-305 – Claims for Relief

May 13, 2021 | Civil Prodcedure, Maryland

A pleading that sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain a clear statement of the facts necessary to constitute a cause of action and a demand for judgment for the relief sought. Unless otherwise required by law, (a) a demand for a money judgment that does not exceed $75,000 shall include the amount of damages sought, and (b) a demand for a money judgment that exceeds $75,000 shall not specify the amount sought, but shall include a general statement that the amount sought exceeds $75,000. Relief in the alternative or of several different types may be demanded.

Md. R. Civ. P. Cir. Ct. 2-305

This Rule is derived in part from former Rules 301 c, 340 a, and 370 a 3 and the 1966 version of Fed. R. Civ. P. 8(a) and is in part new.

Adopted April 6, 1984, eff. July 1, 1984. Amended Feb. 10, 1998, eff. July 1, 1998; Nov. 12, 2003, eff. Jan. 1, 2004; Nov. 1, 2012, eff. Jan. 1, 2013; Oct. 17, 2013, eff. Jan. 1, 2014.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.

2012 Orders

The November 1, 2012 order amended the rule to change the circumstances under which a party is required to include the amount of damages sought in a demand for a money judgment, added a Committee note, and made a stylistic changes.

2013 Orders

The October 17, 2013, order added a cross reference concerning attorneys’ fees.

Committee note: If the amount sought exceeds $75,000, a general statement to that effect is necessary in order to determine if the case may be removed to a federal court based on diversity of citizenship. See 28 U.S. C.S. ยง 1332. A specific dollar amount must be given when the damages sought are less than or equal to $75,000 because the dollar amount is relevant to determining whether the amount is sufficient for circuit court jurisdiction or a jury trial.

For pleading requirements and other procedures when attorneys’ fees are claimed, see the Rules in Title 2, Chapter 700.