MD Civil Procedure Flashcards
What are the five bases of PJ in MD?
- Consent
- Domicile
- Domestic Partnership or Corporations
- Presence
- Long Arm Jurisdictions
Consent
D has consented to being sued in MD (forum selection clauses)
forum clauses are enforceable UNLESS:
(1) The contract was induced by fraud or overreaching
(2) The selection forum is very unfair or inconvenient
(3) Enforcement would contravene a strong public policy of the state where the action would have been brought. (state other than MD would have been more suitable somewhere else)
How does a D consent to being sued in MD?
- (A) Enters into a K with someone that parties consent to MD jurisdiction
- (B) D wants to do business in MD- register with the secretary of state and appoints sec. of state as agent for service and thus consents to being sued in MD.
Domicile: General Jurisdiction
- D has such substantial contacts that it would be fair to sue him anywhere in MD (even unrelated claims)
- Domicile is determined as of the date of the commencement of the lawsuit.
Every natural person has just one domicile. Person changes domicile when:
o (1) he actually takes up residence in that state; and (Physical presence)
o (2) he intends to remain a resident of that state permanently or at least for an unlimited time. (intent)
Domestic Corporations or Partnership:
- Corporation: Subject to be sued in MD if incorporated in MD or PPB in MD
- Partnership: Subject to PJ if PPB in MD
Presence
If D is a natural person and is in MD when served with process (applies only to individuals)
What is the exceptions for the presence requirement for PJ? When a D cannot be served with process:
D cannot be served with process if:
• He is in MD to testify, prosecute, or defend an action or
• He is passing through MD to testify in another state pursuant to a subpoena.
Long Arm Jurisdictions: Actions that may subject a D to long arm statute: (actions must arise from one of the following activities):
(1) D transacts any business or performs any work or service in MD
(2) D contracts to supply goods, foods, services, or manufactured products in MD
(3) D causes tortious inquiry in MD by an act or omission in MD
(4) D causes injury in MD or outside of MD by an act or omission outside of MD, provided D satisfies a “plus” factor: D regularly does business in MD, or derives substantial revenue from goods or services used or consumed in the state.
(5) D has an interest in, uses or possesses real property in MD
(6) D contracts to insure risks in MD
(7) D is defendant in a domestic relations case for child support, alimony, or attorney’s fees and
• (1) The Plaintiff resides in MD
• (2) The couple’s domicile immediately before their separation was MD, or
• (3) the payment obligation arose under MD law or an agreement executed by one of the parties in MD.
What is the test to determine if D has such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair and substantial justice?
My parents Frequently Read Funny Children Stories; 1. My- Minimum Contacts o Parents- Purposeful availment o Frequently- foreseeability o Read- Relatedness of c/a and forum
- Funny- fair play and substantial justice
o Children’s- Convenience
o Stories- State’s interest
How to determine minimum contacts in MD:
- Purposeful Availment: D’s contacts must result from defendant’s voluntary act. D must reach out to MD- maybe to make money, or to use roads, or to cause an effect, etc.
- Foreseeability: D must have reasonably anticipated that he would be sued in this forum
- Relatedness: the claim must be related to D’s contacts with MD. Relatedness is especially important if D has a small amount of contact with the forum. There, the claim must directly arise from D’s contact with the forum.
How to determine fairness-
- Convenience: The forum must not be grossly unfair to D. D must show that adjudicating the claim in MD puts him at a severe disadvantage in defending the suit. VERY DIFFICULT TO SHOW.
- States Interest: the state’s interest in having the lawsuit brought in MD (such as the interest in providing a forum for citizens) is also assessed when considering fairness.
What is Exclusive and Concurrent Jurisdiction in MD?
- Exclusive: Jurisdiction for this type of lawsuit is vested in one of the two courts (district or circuit)
- Concurrent: May be brought in either circuit or district court
How is the appellate process in MD
District Courts–> appeal to Circuit Courts and
Circuit Courts –>they appeal to Court of special appeals and
Court of Special Appeals –>they appeal to MD Court of Appeals.
General Rules for original jurisdiction in MD: (amount in controversy)
o 5,000 or under= District Court
o $30,000 and above= Circuit court
o $5,001-29,999 (in between the above figures)= concurrent jurisdiction
• How to determine the amount in controversy: Aggregation Rules
o P suing single D= may aggregate even if separate claims o P suing multiple D’s= MAY NOT aggregate the claims (must figure out amount in controversy (AC) separately. UNLESS: • D’s are joint and severally liable o Multiple P’s suing one D= MAY NOT add claims together UNLESS: • (P’s suing as joint owners) P’s are seeking to enforce a single right or judgment in which they have a common undivided interest or • Are plaintiff’s in a class action
What are the Cases that Remain in DC despite the amount in controversy
- Replevin actions to recover property and
* Most landlord tenant actions for possession of premises (unless jury trial is demanded)
Cases that remain in Circuit Court
- Most equity actions (injunctions except those relating to the property actions described above, replevin and landlord tenant;
- Actions for declaratory judgment
- Actions to decide ownership of real property and
- Most domestic relations actions
MD Medical Malpractice (Special Rules)
o Medical Malpractice claims over 30,000: Before fining in Circuit Court, such claims must be submitted to compulsory arbitration.
Process for medical malpractice claims:
- P must file a certificate by a medical expert attesting that D’s departure from standards of care proximately caused by P’s injuries.
- If D contests liability, he must file a counter-certificate stating that he did comply with standards of care, or that the departure from the standards did not proximately cause P’s injuries.
- After filing the required certificates, the parties may mutually agree to waive arbitration.
MD Constitution guarantees a Jury trial if the amount in controversy exceeds what figure?
$15,000. Jury trials available in Circuit Court
What is the Procedure for Removal in MD?
Clerk notifies the parties of the date the case is docketed in the Circuit Court after it is transferred over.
Within 30 days of this notice the D must respond to the complaint by motion or answer (even if he has already filed a response in DC)
Venue Rules
o Timing: A defendant waives any objection to improper venue if he does not assert this defense by preliminary motion before his answer. The BOP that venue is improper rests on the defendant.
o Effect: If venue is improper, the court may dismiss the action or it may transfer the action to the proper county if it would be in the interest of substantial justice (if the SOL has run)
(local Actions) Cases for partition in real estate, mortgage foreclosures, trespass to land and waste are all local actions. Must be brought where?
in the county where the property lies.
