MD Bar Procedure and Practice 2 — Questions and Answers
Question 1: Under the Maryland Rules, how long does a defendant served with process in Maryland generally have to file an answer in a circuit court civil action?
- 30 days after service (Correct answer)
- 20 days after service
- 45 days after service
- 60 days after service
Correct answer: 30 days after service
Maryland Rule 2-321(a) gives a defendant served in Maryland 30 days after service to file an answer.
Question 2: As of December 2022, Maryland's highest court is officially known as what?
- The Supreme Court of Maryland (Correct answer)
- The Maryland Court of Appeals
- The Appellate Court of Maryland
- The Maryland Superior Court
Correct answer: The Supreme Court of Maryland
A 2022 constitutional amendment renamed the Court of Appeals the Supreme Court of Maryland and the Court of Special Appeals the Appellate Court of Maryland.
Question 3: The District Court of Maryland has exclusive original civil jurisdiction over contract and tort claims up to what amount?
- $5,000 (Correct answer)
- $10,000
- $25,000
- $30,000
Correct answer: $5,000
The District Court has exclusive jurisdiction over civil claims of $5,000 or less and concurrent jurisdiction with the circuit courts from above $5,000 to $30,000.
Question 4: What is the general statute of limitations for filing a civil action in Maryland?
- Three years from the date the action accrues (Correct answer)
- Two years from the date the action accrues
- Four years from the date the action accrues
- One year from the date the action accrues
Correct answer: Three years from the date the action accrues
Courts and Judicial Proceedings § 5-101 sets a general three-year limitations period for civil actions.
Question 5: Under Maryland Rule 8-202, a notice of appeal from a circuit court judgment generally must be filed within how many days after entry of the judgment?
- 30 days (Correct answer)
- 10 days
- 45 days
- 60 days
Correct answer: 30 days
Rule 8-202(a) requires the notice of appeal to be filed within 30 days after entry of the judgment or order appealed from.
Question 6: In a Maryland civil case, a party is entitled to a jury trial under Article 23 of the Declaration of Rights only when the amount in controversy exceeds what amount?
- $15,000 (Correct answer)
- $5,000
- $10,000
- $20,000
Correct answer: $15,000
Article 23 of the Maryland Declaration of Rights preserves the civil jury trial right where the amount in controversy exceeds $15,000.
Question 7: Which defense is waived in a Maryland circuit court action if it is not raised by mandatory preliminary motion before the answer under Rule 2-322(a)?
- Improper venue (Correct answer)
- Failure to state a claim upon which relief can be granted
- Lack of subject matter jurisdiction
- Governmental immunity
Correct answer: Improper venue
Rule 2-322(a) makes lack of personal jurisdiction, improper venue, insufficiency of process, and insufficiency of service mandatory preliminary defenses that are waived if not raised before the answer.
MD Bar Procedure and Practice 2
Under the Maryland Rules, how long does a defendant served with process in Maryland generally have to file an answer in a circuit court civil action?