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Rule 2-327 – Transfer of Action

May 13, 2021 | Civil Prodcedure, Maryland

(a) Transfer to District Court.

(1)If Circuit Court Lacks Jurisdiction. If an action within the exclusive jurisdiction of the District Court is filed in the circuit court but the court determines that in the interest of justice the action should not be dismissed, the court may transfer the action to the District Court sitting in the same county.

Cross reference: See Rule 3-101(c) concerning complaints that are timely filed in the circuit court and dismissed for lack of subject matter jurisdiction.

(2)If Circuit Court Has Jurisdiction–Generally. Except as otherwise provided in subsection (a)(3) of this Rule, the court may transfer an action within its jurisdiction to the District Court sitting in the same county if all parties to the action (A) consent to the transfer, (B) waive any right to a jury trial they currently may have and any right they may have to a jury trial following transfer to the District Court, including on appeal from any judgment entered, and (C) make any amendments to the pleadings necessary to bring the action within the jurisdiction of the District Court.
(3)If Circuit Court Has Jurisdiction–Domestic Violence Actions.

(A) In an action under Code, Family Law Article, Title 4, Subtitle 5, after entering a temporary protective order, a circuit court, on motion or on its own initiative, may transfer the action to the District Court for the final protective order hearing if, after inquiry, the court finds that (i) there is no other action between the parties pending in the circuit court, (ii) the respondent has sought relief under Code, Family Law Article, Title 4, Subtitle 5, in the District Court, and (iii) in the interests of justice, the action should be heard in the District Court.
(B) In determining whether a hearing in the District Court is in the interests of justice, the court shall consider (i) the safety of each person eligible for relief, (ii) the convenience of the parties, (iii) the pendency of other actions involving the parties or children of the parties in one of the courts, (iv) whether a transfer will result in undue delay, (v) the services that may be available in or through each court, and (vi) the efficient operation of the courts.
(C) The consent of the parties is not required for a transfer under this subsection.
(D) After the action is transferred, the District Court has jurisdiction for the purposes of enforcing and extending the temporary protective order as allowed by law.

Cross reference: See Code, Family Law Article, § 4-505(c) concerning the duration and extension of a temporary protective order.

(b) Improper Venue. If a court sustains a defense of improper venue but determines that in the interest of justice the action should not be dismissed, it may transfer the action to any county in which it could have been brought.
(c) Convenience of the Parties and Witnesses. On motion of any party, the court may transfer any action to any other circuit court where the action might have been brought if the transfer is for the convenience of the parties and witnesses and serves the interests of justice.
(d) Actions Involving Common Questions of Law or Fact.

(1) If civil actions involving one or more common questions of law or fact are pending in more than one judicial circuit, the actions or any claims or issues in the actions may be transferred in accordance with this section for consolidated pretrial proceedings or trial to a circuit court in which (A) the actions to be transferred might have been brought, and (B) similar actions are pending.
(2) A transfer under this section may be made on motion of a party or on the transferor court’s own initiative. When transfer is being considered on the court’s own initiative, the circuit administrative judge having administrative authority over the court shall enter an order directing the parties to show cause on or before a date specified in the order why the action, claim, or issue should not be transferred for consolidated proceedings. Whether the issue arises from a motion or a show cause order, on the written request of any party the circuit administrative judge shall conduct a hearing.
(3) A transfer under this section shall not be made except upon (A) a finding by the circuit administrative judge having administrative authority over the transferor court that the requirements of subsection (d)(1) of this Rule are satisfied and that the transfer will promote the just and efficient conduct of the actions to be consolidated and not unduly inconvenience the parties and witnesses in the actions subject to the proposed transfer; and (B) acceptance of the transfer by the circuit administrative judge having administrative authority over the court to which the actions, claims, or issues will be transferred.
(4) The transfer shall be pursuant to an order entered by the circuit administrative judge having administrative authority over the transferor court. The order shall specify (A) the basis for the judge’s finding under subsection (d)(3) of this Rule, (B) the actions subject to the order, (C) whether the entire action is transferred, and if not, which claims or issues are being transferred, (D) the effective date of the transfer, (E) the nature of the proceedings to be conducted by the transferee court, (F) the papers, or copies thereof, to be transferred, and (G) any other provisions deemed necessary or desirable to implement the transfer. The transferor court may amend the order from time to time as justice requires.
(5)

(A) If, at the conclusion of proceedings in the transferee court pursuant to the order of transfer, the transferred action has been terminated by entry of judgment, it shall not be remanded but the clerk of the transferee court shall notify the clerk of the transferor court of the entry of the judgment.
(B) If, at the conclusion of proceedings in the transferee court pursuant to the order of transfer, the transferred action has not been terminated by entry of judgment and further proceedings are necessary,

(i) within 30 days after the entry of an order concluding the proceeding, any party may file in the transferee court a motion to reconsider or revise any order or ruling entered by the transferee court,
(ii) if such a motion is filed, the transferee court shall consider and decide the motion, and
(iii) following the expiration of the 30-day period or, if a timely motion for reconsideration is filed, upon disposition of the motion, the circuit administrative judge having administrative authority over the transferee court shall enter an order remanding the action to the transferor court.

Notwithstanding any other Rule or law, the rulings, decisions, and orders made or entered by the transferee court shall be binding upon the transferor and the transferee courts.

Md. R. Civ. P. Cir. Ct. 2-327

This Rule is derived as follows:

Section (a) is derived in part from the last phrase of former Rule 515 a and is in part new.

Section (b) is derived from former Rule 317.

Section (c) is derived from U.S.C. Title 28, § 1404(a).

Section (d) is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended June 28, 1990, eff. July 1, 1990; Dec. 10, 1996, eff. July 1, 1997; Nov. 1, 2001, eff. Jan. 1, 2002; Nov. 12, 2003, eff. Jan. 1, 2004.

HISTORICAL NOTES

2001 Orders

The November 1, 2001, order, in subsec. (a)(2), added “–Generally to the catchline, and in the text inserted “Except as otherwise provided in subsec. (a)(3) of this Rule; and added subsec. (a)(3), relating to domestic violence actions.

2003 Orders

The November 12, 2003, order added the cross reference following subsec. (a)(1); in subsec. (a)(3)(A), substituted “temporary protective order for “temporary order granting ex parte relief; in subsec. (a)(3)(D), substituted “temporary protective order for “temporary protective order; and amended the cross reference following subsec. (a)(3).