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The Circuit Courts of Maryland are the
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our ...
trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mo ...
s of
general jurisdiction {{Globalize, article, USA, 2name=the United States, date=December 2010 A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth. United States All federal courts are ...
in Maryland. They are Maryland's highest
courts of record A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record ( ...
exercising
original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the S ...
at law and in equity in all civil and
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
matters, and have such additional powers and
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
as conferred by the
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 fourt ...
of 1867 as amended, or by law. The Circuit Courts also preside over
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
and most
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...
matters.
Probate Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the sta ...
and estate matters are handled by a separate
Orphans' Court A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. In some jurisdictions, such courts may be referred to as Orphans' Courts o ...
. The Circuit Courts are the only Maryland state courts empowered to conduct
jury trial A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant ...
s.


Organization

Each of Maryland's 23 counties and the
independent city An independent city or independent town is a city or town that does not form part of another general-purpose local government entity (such as a province). Historical precursors In the Holy Roman Empire, and to a degree in its successor states ...
of
Baltimore Baltimore ( , locally: or ) is the most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic, and the 30th most populous city in the United States with a population of 585,708 in 2020. Baltimore was ...
has its own Circuit Court. The number of
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility ...
s on each of the Circuit Courts is set by
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by l ...
. 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 A chief judge (also known as presiding judge, president judge or principal judge) is the highest-ranking or most senior member of a lower court or circuit court with more than one judge. According to the Federal judiciary of the United States, th ...
; all other judges are Associate Judges. The state is divided into eight judicial circuits, which are presently as follows: *1st Judicial Circuit (7 judges): Dorchester (1 judge),
Somerset Somerset ( , ; Archaism, archaically Somersetshire , , ) is a Ceremonial counties of England, county in South West England which borders Gloucestershire and Bristol to the north, Wiltshire to the east, Dorset to the south-east and Devon to the so ...
(1 judge), Wicomico (3 judges) &
Worcester Worcester may refer to: Places United Kingdom * Worcester, England, a city and the county town of Worcestershire in England ** Worcester (UK Parliament constituency), an area represented by a Member of Parliament * Worcester Park, London, Engl ...
(2 judges) counties *2nd Judicial Circuit (7 judges):
Caroline Caroline may refer to: People *Caroline (given name), a feminine given name * J. C. Caroline (born 1933), American college and National Football League player * Jordan Caroline (born 1996), American (men's) basketball player Places Antarctica * ...
(1 judge), Cecil (3 judges),
Kent Kent is a county in South East England and one of the home counties. It borders Greater London to the north-west, Surrey to the west and East Sussex to the south-west, and Essex to the north across the estuary of the River Thames; it faces the ...
(1 judge), Queen Anne's (1 judge) &
Talbot Talbot was an automobile marque introduced in 1902 by English-French company Clément-Talbot. The founders, Charles Chetwynd-Talbot, 20th Earl of Shrewsbury and Adolphe Clément-Bayard, reduced their financial interests in their Clément-Talbot ...
(1 judge) counties *3rd Judicial Circuit (21 judges):
Baltimore County Baltimore County ( , locally: or ) is the third-most populous county in the U.S. state of Maryland and is part of the Baltimore metropolitan area. Baltimore County (which partially surrounds, though does not include, the independent City of ...
(16 judges) &
Harford County Harford County is located in the U.S. state of Maryland. As of the 2020 census, the population was 260,924. Its county seat is Bel Air. Harford County is included in the Baltimore-Columbia-Towson, MD Metropolitan Statistical Area, which is al ...
(5 judges) *4th Judicial Circuit (7 judges): Allegany (2 judges), Garrett (1 judge) &
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
(4 judges) counties *5th Judicial Circuit (18 judges): Anne Arundel (10 judges), Carroll (3 judges) &
Howard Howard is an English-language given name originating from Old French Huard (or Houard) from a Germanic source similar to Old High German ''*Hugihard'' "heart-brave", or ''*Hoh-ward'', literally "high defender; chief guardian". It is also probab ...
(5 judges) counties *6th Judicial Circuit (24 judges): Frederick (4 judges) & Montgomery (20 judges) counties *7th Judicial Circuit (32 judges): Calvert (3 judges), Charles (4 judges), Prince George's (23 judges) & St Mary's (3 judges) counties *8th Judicial Circuit (30 judges):
Baltimore City Baltimore ( , locally: or ) is the most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic, and the 30th most populous city in the United States with a population of 585,708 in 2020. Baltimore wa ...
Judges of the Circuit Courts of Maryland are elected to 15-year terms in the
general election A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
.Art. IV, §3. Their salaries may not be diminished while in office. The
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political r ...
may fill vacancies by appointment until the next
general election A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
for the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they c ...
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 (congressmen). Judges must be at least 30 years old, qualified voters, members of the Maryland
bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * 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 Justice of the
Supreme Court of Maryland The Supreme Court of Maryland is the highest court of the U.S. state of Maryland. Its name was changed on December 14, 2022, from the Maryland Court of Appeals, after a voter-approved change to the state constitution. The court, which is compose ...
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 A clerk is a white-collar worker who conducts general office tasks, or a worker who performs similar sales-related tasks in a retail environment. The responsibilities of clerical workers commonly include record keeping, filing, staffing service c ...
, 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 equitable, declaratory, or injunctive relief is sought, or in which ownership of
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
is to be determined. Two notable exceptions are: (1) actions for
replevin Replevin () or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevi ...
, in which the District Courts have exclusive original jurisdiction regardless of the value of the thing in controversy; and (2) landlord-
tenant Tenant may refer to: Real estate *Tenant, the holder of a leasehold estate in real estate *Tenant-in-chief, in feudal land law *Tenement (law), the holder of a legal interest in real estate *Tenant farmer *Anchor tenant, one of the larger stores ...
matters, in which the District Court has exclusive original jurisdiction in all cases. In
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
or contract cases for money
damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
where the
amount in controversy Amount in controversy (sometimes called jurisdictional amount) is a term used in 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 cour ...
exceeds $30,000, the Circuit Courts have exclusive original jurisdiction. The Circuit Courts share
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 ...
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 A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant ...
. 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 A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resul ...
(with many exceptions). They share concurrent original jurisdiction in
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
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 Maryland Rule 16-202(b)(1). 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 (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for ...
proceedings by mediators specially trained in business and technology issues.Maryland Rule 16-308. 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).


References


External links


Maryland Judiciary



Montgomery County Circuit Court
{{MD county courthouses
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to it ...
Circuit County courthouses in Maryland Courts and tribunals with year of establishment missing Courthouses in Maryland