Jury Trial For Equitable Relief In Maryland
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FAQ
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.
In lawsuits seeking equitable relief there is no right to a jury trial; ingly, these types of cases are tried to the judge in a bench trial.
§4–402. (a) Except as provided in §§ 4–401 and 4–404 of this subtitle, the District Court does not have equity jurisdiction. (b) Except as provided in § 4–401 of this subtitle, the District Court does not have jurisdiction to decide the ownership of real property or of an interest in real property.
R. Evid. 5-402. Except as otherwise provided by constitutions, statutes, or these rules, or by decisional law not inconsistent with these rules, all relevant evidence is admissible.
§4–404. (a) A person may not use or possess a machine gun in the commission or attempted commission of a crime of violence. (b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.
If a defendant requests that the court reopen a post conviction proceeding that was previously concluded, the court shall determine whether a hearing will be held, but it may not reopen the proceeding or grant the relief requested without a hearing unless the parties stipulate that the facts stated in the petition are ...
Section 4-347 of the Maryland Revised Statutes provides for sentencing and revocation of probation for the commission of new crimes. These are often called “Rule 4 violations.” There is no discretion in these cases.
The equitable remedies are specific performance (an order directing a person to deliver to the buyer the unique thing the seller contracted to sell), injunction (an order directing a person to stop doing that which he should not do), and restitution (the return by one party of the benefit conferred on him when the ...
Equitable relief is a remedy for an injustice done to a claimant resulting from mistakes made in applying rules and regulations that either. deprived the claimant of benefits, or. caused the claimant to suffer a loss because he/she relied on an erroneous decision.
There is a right to a trial by a jury in Maryland if your offense is serious enough to warrant it. However, the state gives no right to a jury trial for less serious offenses that carry potential sentences of less than three months in prison.