Maryland Circuit Courts
Encyclopedia
The Circuit Courts of Maryland are the state
trial court
s of general jurisdiction
in Maryland. They are Maryland's highest courts of record
exercising original jurisdiction
at law and in equity in all civil
and criminal
matters, and have such additional powers and jurisdiction
as conferred by the Maryland Constitution
or by law. The Circuit Courts also preside over divorce
and most family law
matters. Probate
and estate
matters are handled by a separate Orphans' Court. The Circuit Courts are the only Maryland state courts empowered to conduct jury trial
s.
of Baltimore
has its own Circuit Court. The number of judge
s on each of the Circuit Courts is set by statute
. The Circuit Courts are grouped into eight judicial circuits. Each circuit encompasses two or more counties, except for the Eighth Circuit, which consists solely of Baltimore City. The most senior judge in the circuit is the Chief Judge
; all other judges are Associate Judges.
Judges of the Circuit Courts are elected to 15-year terms in the general election
. Their salaries may not be diminished while in office. The Governor
may fill vacancies by appointment until the next general election
for the United States House of Representatives
occurring after one year from the time the vacancy was created, except in cases where the vacancy is by expiration of term, in which case, the vacancy is filled until the next general election for U.S. Representatives.
Judges must be at least 30 years old, qualified voters, members of the Maryland bar
, and residents both of Maryland for at least five years and for at least 6 months of the place for which they are elected to serve. Judges must retire at age 70. The Chief Judge of the Court of Appeals of Maryland
may assign a former judge to sit temporarily in any Maryland court, if approved by the administrative judge of the circuit in question.
Each Circuit Court also has its own Clerk
, who is elected by the citizens of the county (or Baltimore City) to a four-year term.
, declaratory
, or injunctive
relief is sought, or in which ownership of real property
is to be determined. Two notable exceptions are: (1) actions for replevin
, in which the District Courts have exclusive original jurisdiction regardless of the value of the thing in controversy; and (2) landlord
-tenant
matters, in which the District Court has exclusive original jurisdiction in all cases.
In tort
or contract
cases for money damages
where the amount in controversy
exceeds $30,000, the Circuit Courts have exclusive
original jurisdiction. The Circuit Courts share concurrent jurisdiction
with the District Courts in such cases where the amount in controversy exceeds $5,000 but is less than $30,000. However, if the amount in controversy exceeds $15,000, either party may remove
an action filed in District Court to the Circuit Court by demanding a jury trial
. The District Court has exclusive jurisdiction in contract and tort cases for money damages where the amount in controversy is less than $5,000.
In criminal cases, the Circuit Courts generally have exclusive original jurisdiction over felonies
(with many exceptions). They share concurrent original jurisdiction in misdemeanor
cases in which the penalty may be confinement for three years or more or a fine of $2,500 or more, and in certain felony cases. A criminal defendant may remove the case to Circuit Court by demanding a jury trial in any case in which the defendant is so entitled.
One noteworthy aspect of Maryland’s differentiated case management system is the introduction of the Business and Technology Case Management Program – the first of its kind in the United States – for civil cases involving complex business or technology issues. The program includes a special designated “track” for business and technology cases within Maryland's differentiated case management system; procedures to assign such cases to the program, including special assignment of such cases to judges specially trained in issues concerning business and technology; and alternative dispute resolution
proceedings by mediators
specially trained in business and technology issues. Such cases may be placed into the program by request of the plaintiff upon filing the case; upon a subsequent request by any of the parties; or by court order.
Maryland also permits the parties in civil cases to request assignment of their case to a Complex Science or Medical Case Management Program, which, if granted, results in the case being assigned to a judge who has received training from the Advanced Science and Technology Adjudication Resource Center, Inc. (ASTAR).
State court
In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state, as opposed to the federal government. State courts handle the vast majority of civil and criminal cases in the United States with minimal federal court supervision.- Types of state courts...
trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
s of general jurisdiction
General jurisdiction
A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.-Courts of general jurisdiction in the United States:All federal courts are courts of limited jurisdiction. Many U.S...
in Maryland. They are Maryland's highest courts of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
exercising original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
at law and in equity in all civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
matters, and have such additional powers and jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
as conferred by the Maryland Constitution
Maryland Constitution
The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been...
or by law. The Circuit Courts also preside over divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
and most family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
matters. Probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
and estate
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
matters are handled by a separate Orphans' Court. The Circuit Courts are the only Maryland state courts empowered to conduct jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
s.
Organization
Each of Maryland's 23 counties and the independent cityIndependent city
An independent city is a city that does not form part of another general-purpose local government entity. These type of cities should not be confused with city-states , which are fully sovereign cities that are not part of any other sovereign state.-Historical precursors:In the Holy Roman Empire,...
of Baltimore
Baltimore
Baltimore is the largest independent city in the United States and the largest city and cultural center of the US state of Maryland. The city is located in central Maryland along the tidal portion of the Patapsco River, an arm of the Chesapeake Bay. Baltimore is sometimes referred to as Baltimore...
has its own Circuit Court. The number of judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s on each of the Circuit Courts is set by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
. The Circuit Courts are grouped into eight judicial circuits. Each circuit encompasses two or more counties, except for the Eighth Circuit, which consists solely of Baltimore City. The most senior judge in the circuit is the Chief Judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
; all other judges are Associate Judges.
Judges of the Circuit Courts are elected to 15-year terms in the general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
. Their salaries may not be diminished while in office. The Governor
Governor of Maryland
The Governor of Maryland heads the executive branch of the government of Maryland, and he is the commander-in-chief of the state's National Guard units. The Governor is the highest-ranking official in the state, and he has a broad range of appointive powers in both the State and local governments,...
may fill vacancies by appointment until the next general election
Elections in the United States
The United States has a federal government, with elected officials at the federal , state and local levels. On a national level, the head of state, the President, is elected indirectly by the people, through an Electoral College. In modern times, the electors virtually always vote with the popular...
for the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
occurring after one year from the time the vacancy was created, except in cases where the vacancy is by expiration of term, in which case, the vacancy is filled until the next general election for U.S. Representatives.
Judges must be at least 30 years old, qualified voters, members of the Maryland bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
, and residents both of Maryland for at least five years and for at least 6 months of the place for which they are elected to serve. Judges must retire at age 70. The Chief Judge of the Court of Appeals of Maryland
Maryland Court of Appeals
The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis...
may assign a former judge to sit temporarily in any Maryland court, if approved by the administrative judge of the circuit in question.
Each Circuit Court also has its own Clerk
Court clerk
A court clerk is an officer of the court whose responsibilities include maintaining the records of a court. Another duty is to administer oaths to witnesses, jurors, and grand jurors...
, who is elected by the citizens of the county (or Baltimore City) to a four-year term.
Jurisdiction
In civil matters, the Circuit Courts have exclusive original jurisdiction in most cases in which equitableEquitable remedy
Equitable remedies are judicial remedies developed and granted by courts of equity, as opposed to courts of common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable...
, declaratory
Declaratory judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...
, or injunctive
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
relief is sought, or in which ownership of real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
is to be determined. Two notable exceptions are: (1) actions for replevin
Replevin
In creditors' rights law, replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require a defendant to return specific goods to the...
, in which the District Courts have exclusive original jurisdiction regardless of the value of the thing in controversy; and (2) landlord
Landlord
A landlord is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called a tenant . When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner...
-tenant
Leasehold estate
A leasehold estate is an ownership of a temporary right to land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord....
matters, in which the District Court has exclusive original jurisdiction in all cases.
In tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
or contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
cases for money damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
where the amount in controversy
Amount in controversy
Amount in controversy is a term used in United States civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the...
exceeds $30,000, the Circuit Courts have exclusive
Exclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
original jurisdiction. The Circuit Courts share concurrent jurisdiction
Concurrent jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to...
with the District Courts in such cases where the amount in controversy exceeds $5,000 but is less than $30,000. However, if the amount in controversy exceeds $15,000, either party may remove
Removal jurisdiction
In the United States, removal jurisdiction refers to the right of a defendant to move a lawsuit filed in state court to the federal district court for the federal judicial district in which the state court sits. This is a general exception to the usual American rule giving the plaintiff the right...
an action filed in District Court to the Circuit Court by demanding a jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
. The District Court has exclusive jurisdiction in contract and tort cases for money damages where the amount in controversy is less than $5,000.
In criminal cases, the Circuit Courts generally have exclusive original jurisdiction over felonies
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
(with many exceptions). They share concurrent original jurisdiction in misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
cases in which the penalty may be confinement for three years or more or a fine of $2,500 or more, and in certain felony cases. A criminal defendant may remove the case to Circuit Court by demanding a jury trial in any case in which the defendant is so entitled.
Dockets
By rule, each of the Circuit Courts is required to have a differentiated case management plan “for the prompt and efficient scheduling and disposition of actions[.]” Such plans vary by jurisdiction, but include the classification of cases by complexity and priority, to be assigned to particular scheduling “tracks” based on that classification. Consistent with applicable court rule, the Circuit Courts have endeavored to make their differentiated case management plans as similar as possible; in practice, however, the plans do vary somewhat among the Circuit Courts.One noteworthy aspect of Maryland’s differentiated case management system is the introduction of the Business and Technology Case Management Program – the first of its kind in the United States – for civil cases involving complex business or technology issues. The program includes a special designated “track” for business and technology cases within Maryland's differentiated case management system; procedures to assign such cases to the program, including special assignment of such cases to judges specially trained in issues concerning business and technology; and alternative dispute resolution
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...
proceedings by mediators
Mediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
specially trained in business and technology issues. Such cases may be placed into the program by request of the plaintiff upon filing the case; upon a subsequent request by any of the parties; or by court order.
Maryland also permits the parties in civil cases to request assignment of their case to a Complex Science or Medical Case Management Program, which, if granted, results in the case being assigned to a judge who has received training from the Advanced Science and Technology Adjudication Resource Center, Inc. (ASTAR).