MD Bar Procedure and Practice 3 — Questions and Answers
Question 1: A plaintiff loses a $4,000 contract case after a trial in the District Court of Maryland. What kind of appeal is available?
- A de novo appeal to the circuit court (Correct answer)
- An on-the-record appeal to the Appellate Court of Maryland
- An on-the-record appeal to the circuit court
- Direct certiorari to the Supreme Court of Maryland
Correct answer: A de novo appeal to the circuit court
Appeals from District Court civil judgments of $5,000 or less are tried de novo in the circuit court, while larger cases are heard on the record.
Question 2: Under Maryland Rule 2-421, a party in a circuit court action may serve at most how many interrogatories, including all parts and subparts, on another party?
- 30 (Correct answer)
- 25
- 40
- 50
Correct answer: 30
Rule 2-421(a) limits a party to 30 interrogatories to any one party, counting parts and subparts.
Question 3: Maryland is one of the few remaining jurisdictions that applies which negligence doctrine as a complete bar to a plaintiff's recovery?
- Contributory negligence (Correct answer)
- Pure comparative negligence
- Modified comparative negligence with a 50% bar
- Modified comparative negligence with a 51% bar
Correct answer: Contributory negligence
Maryland retains pure contributory negligence, so any negligence by the plaintiff that contributes to the injury bars recovery entirely.
Question 4: Under Maryland Rule 2-506, a plaintiff may voluntarily dismiss an action without leave of court by filing a notice of dismissal at what point?
- Before the adverse party files an answer or a motion for summary judgment (Correct answer)
- Any time before trial begins
- Any time before the close of the plaintiff's case
- Only with the consent of the court after the answer is filed
Correct answer: Before the adverse party files an answer or a motion for summary judgment
Rule 2-506(a) allows dismissal by notice before the adverse party files an answer or a motion for summary judgment, or by stipulation of all parties.
Question 5: After the 30-day revisory period expires, a Maryland circuit court may revise an enrolled judgment under Rule 2-535(b) only upon a showing of what?
- Fraud, mistake, or irregularity (Correct answer)
- Excusable neglect or newly discovered evidence
- Manifest injustice
- Any clear error of law
Correct answer: Fraud, mistake, or irregularity
Rule 2-535(b) permits revision of an enrolled judgment only for fraud, mistake, or irregularity, proven by clear and convincing evidence.
Question 6: Before filing a medical malpractice suit in a Maryland circuit court, a claimant seeking damages above the District Court limit must generally first file the claim where?
- The Health Care Alternative Dispute Resolution Office (Correct answer)
- The Maryland Insurance Administration
- The Board of Physicians
- The Attorney Grievance Commission
Correct answer: The Health Care Alternative Dispute Resolution Office
Maryland's Health Care Malpractice Claims Act requires filing with the Health Care Alternative Dispute Resolution Office, along with a certificate of a qualified expert, as a condition precedent to suit.
Question 7: In which venue is a civil action properly brought against an individual defendant under Maryland Courts and Judicial Proceedings § 6-201?
- A county where the defendant resides, carries on a regular business, is employed, or habitually engages in a vocation (Correct answer)
- Only the county where the plaintiff resides
- Only the county where the cause of action arose
- Any county in the state at the plaintiff's option
Correct answer: A county where the defendant resides, carries on a regular business, is employed, or habitually engages in a vocation
CJP § 6-201 lays venue where the defendant resides, carries on a regular business, is employed, or habitually engages in a vocation.
MD Bar Procedure and Practice 3
A plaintiff loses a $4,000 contract case after a trial in the District Court of Maryland.
What kind of appeal is available?