Legal Question in Civil Litigation in Maryland
Jurisdiction of Maryland district and circuit court
We were sued in the District Court of Maryland on a contract for $10,000. We counterclaimed for $50,000. Can we use the counterclaim to remove the case from the District Court to the Circuit Court?
2 Answers from Attorneys
Re: Jurisdiction of Maryland district and circuit court
Technically, you can't file a $50K counterclaim in District Court. You have to file in Circuit Court and then move to stay the district court case, or you can file a jury demand, which removes it to Circuit Court, and then file the counterclaim.
Re: Jurisdiction of Maryland district and circuit court
Yes. Also a request for jury trial without raising the counter-claim will acquire jurisdiction in Circuit Court. Contact me should you require representation.
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