Rule 3-701. Small Claim Actions

(a) Applicable Rules The rules of this Title apply to small claim actions, except as provided in this Rule.

(b) Forms Forms for the commencement and defense of a small claim action shall be prescribed by the Chief Judge of the District Court and used by persons desiring to file or defend such an action.

(c) Trial Date and Time A small claim action shall be tried at a special session of the court designated for the trial of small claim actions. Upon the filing of the complaint, the clerk shall fix the date and time for trial of the action. When the notice of intention to defend is due within 15 days after service, the original trial date shall be within 60 days after the complaint was filed. When the notice of intention to defend is due within 60 days after service, the original trial date shall be within 90 days after the complaint was filed. With leave of court, an action may be tried sooner than on the date originally fixed.

(d) Counterclaims--Cross-Claims--Third-Party Claims If a counterclaim, cross-claim, or third-party claim in an amount exceeding the jurisdictional limit for a small claim action (exclusive of interest, costs, and attorney's fees and exclusive of the original claim) is filed in a small claim action, this Rule shall not apply and the clerk shall transfer the action to the regular civil docket.

(e) Discovery Not Available No pretrial discovery under Chapter 400 of this Title shall be permitted in a small claim action.

(f) Conduct of Trial The court shall conduct the trial of a small claim action in an informal manner. Except as otherwise required by law, Title 5 of these rules does not apply to proceedings under this Rule.

Committee Notes

Cross reference: Code, Courts Article, § 4-405. Cross reference: See Rule 3-307 concerning the time for filing a notice of intention to defend. Cross reference: Rule 3-331 (f). Cross reference: See Code, Courts Article, § 5-1203 (b)(2) and Rule 5-101 (b)(4). Source: This Rule is derived in part from former M.D.R. 568 and 401 a and is in part new.