Tuesday, October 29, 2019

Limited Discovery in Breach of Lease?

In a District Court breach of lease case, is limited discovery allowed to? In other words can the landlord find out about the tenant's case prior to trial and vice versa?

Hudson v. Housing Authority, 935 A.2d 395, 402 Md. (2007) seems to indicate that limited discovery in certain types of landlord-tenant cases is allowed. In a footnote it cites the following:

1. Maryland Rule 3-711 (2006), entitled "Landlord-Tenant and Grantee Actions," states:


        Landlord-tenant and grantee actions shall be governed by (1) the procedural provisions of all applicable general statutes, public local laws, and municipal and county ordinances, and (2) unless inconsistent with the applicable laws, the rules of this Title, except that no pretrial discovery under Chapter 400 of this Title shall be permitted in a grantee action, or an action for summary ejectment, wrongful detainer, or distress for rent, or an action involving tenants holding over. Hudson v. Housing Authority, 935 A.2d 395, 402 Md. 18 (Md. App., 2007)

Sunday, October 20, 2019

Right to A Jury Trial in a Criminal Case


It is generally thought that a criminal defendant may only have a jury trial if the crime charged exposes the defendant to more than 90 days of incarceration. While this is true in the District Court of Maryland, it does not apply in the Circuit Court. If the defendant is convicted in the District Court of, for example, driving while impaired, which generally only has a maximum of 60 days of incarceration, and the defendant appeals that matter to the Circuit Court, the defendant is entitled to a jury trial if the defendant so wishes based on the below statute.

Criminal Procedure
§ 6-101. Right to trial by jury
In a criminal case tried in a court of general jurisdiction, there is no right to a jury trial unless:
(1) the crime charged is subject to a penalty of imprisonment; or

(2) there is a constitutional right to a jury trial for the crime.
MD Code Crim. Proc. 6-101 Right to trial by jury (Maryland Code (2019 Edition))