District Court Trial Practice by John B. Bratt
Most of us will eventually find our-
selves litigating in the District Court of Maryland. The District Court has original jurisdiction over civil matters where the damages claimed are $30,000 or less. Md. Code Ann. Cts. & Jud. Proc. (“CJP”) § 4-401. Although the Dis- trict Court lacks the extensive, formal, discovery process available in Circuit Court, it is important not to allow this perceived lack of formality to diminish our trial preparation and presentation to the District Court bench. Although the damages claimed may be smaller than those of other matters, these cases are important to our clients, and we owe them our best efforts when presenting their claims. This article will present District
Court trial practice tips designed to maximize the recovery to our clients and increase the level of professional- ism of the District Court bar. I am sure many of us have had the excruciating
experience of sitting through a District Court trial conducted by a lawyer who is unprepared or unfamiliar with District Court practice. This diminishes both the professional reputation of counsel and the potential recovery to his or her client. The practice tips contained below are designed to foster an effective, organized, and professional trial practice in the District Court of Maryland.
Small Claims A small claim is any matter in which
the amount in controversy is $5,000 or less. CJP § 4-405. Forms for pleading small claims are available from the clerk and should be used in filing and defend- ing such actions. Md. Rule 3-701 (b). Using these forms can save considerable time. Furthermore, the clerk’s office’s inherent familiarity with the forms is helpful in getting cases timely and cor- rectly set for trial. Most District Court
forms are available as PDF files directly from the Maryland Judiciary website at
http://www.courts.state.md.us/district/ dctcivforms.html#civil. The required information can be typed in and printed directly from your computer, ready for filing. Happily, the days when District Court forms required a typewriter and carbon paper are long gone. Addition- ally, small claims are unique in that no discovery is permitted, Md. Rule 3-701 (e), and the Rules of Evidence do not apply. Md. Rule 3-701 (f). However, often if there is counsel on both sides, the Court will require the rules of evidence be applied, so it is best to be prepared to present your evidence in accordance with the Rules, should it be required.
“Large” Civil Claims Claims from $5,001 up to $30,000
The
occupy the “no man’s land” between the extremely informal, small-claims procedure, and the formal procedures used in Maryland’s Circuit Courts. For- tunately, there are a myriad of ways to present your case effectively even within the constraints of the District Court trial format.
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Trial Reporter
a). Presenting Medical Evidence Under CJP § 10-104.
Thanks in large part to MTLA’s efforts,
it has been possible to admit medical bills and records without witness testimony using the procedure set forth in CJP § 10-104. Although to many this practice may seem routine, the requirements can be technical, so a little extra attention is well spent. Usually in District Court injury cases, this type of evidence makes up the bulk of the damages evidence that
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