MD Bar Procedure and Practice 3

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?

Accepted Answer

A de novo appeal to the circuit court

Answer

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?

Accepted Answer

30

Answer

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?

Accepted Answer

Contributory negligence

Answer

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?

Accepted Answer

Before the adverse party files an answer or a motion for summary judgment

Answer

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?

Accepted Answer

Fraud, mistake, or irregularity

Answer

Rule 2-535(b) permits revision of an enrolled judgment only for fraud, mistake, or irregularity, proven by clear and convincing evidence.

(MD Bar) Maryland Bar Exam Practice Test

(MD Bar) Maryland Bar Exam Practice Test

MD Bar Procedure and Practice 3