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Rule 2-325 – Jury Trial

May 13, 2021 | Civil Prodcedure, Maryland

(a) Demand. Any party may elect a trial by jury of any issue triable of right by a jury by filing a demand therefor in writing either as a separate paper or separately titled at the conclusion of a pleading and immediately preceding any required certificate of service.
(b) Waiver. The failure of a party to file the demand within 15 days after service of the last pleading filed by any party directed to the issue constitutes a waiver of trial by jury.
(c) Actions From District Court. When an action is transferred from the District Court by reason of a demand for jury trial, a new demand is not required.
(d) Appeals From Administrative Agencies. In an appeal from the Workers’ Compensation Commission or other administrative body when there is a right to trial by jury, the failure of any party to file the demand within 15 days after the time for answering the petition of appeal constitutes a waiver of trial by jury.
(e) Effect of Election. When trial by jury has been elected by any party, the action, including all claims whether asserted by way of counterclaim, cross-claim or third-party claim, as to all parties, and as to all issues triable of right by a jury, shall be designated upon the docket as a jury trial.
(f) Withdrawal of Election. An election for trial by jury may be withdrawn only with the consent of all parties not in default.

Md. R. Civ. P. Cir. Ct. 2-325

This Rule is derived as follows:

Section (a) is derived from former Rule 343 a and the 1966 version of Fed. R. Civ. P. 38(b).

Section (b) is new and is derived from the 1966 version of Fed. R. Civ. P. 38(b) and (d).

Section (c) is new.

Section (d) is derived from former Rule 343 d.

Section (e) is derived from former Rule 545.

Section (f) is derived from former Rule 343 e and from the 1966 version of Fed. R. Civ. P. 38(d).

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004; Nov. 8, 2005, eff. Jan. 1, 2006.

HISTORICAL NOTES

2003 Orders

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

2005 Orders

The November 8, 2005, order, in section (d), substituted “Workers’ Compensation Commission for “Workmen’s Compensation Commission.

Rule 2-511.