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)

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))

Must the clerk accept a proper filing?

According to statute, generally yes:


§ 2-201. In general
(a) Enumeration. -- The clerk of a court shall:
(1) Have custody of the books, records, and papers of his office;

(2) Make proper legible entries of all proceedings of the court and keep them in well-bound books or other permanent form;

(3) When requested in writing to do so, record any paper filed with his office and required by law to be recorded in the appropriate place, whether or not the title to land is involved;

(4) Unless prohibited by law or order of court, provide copies of records or papers in his custody to a person requesting a copy, under the seal of the court if required;

(5) Issue all writs which may legally be issued from the court;

(6) Deliver a full statement of the costs of a suit to a party requesting a copy;

(7) Receive all books, documents, public letters, and packages sent to him pursuant to law, and carefully dispose of them as the law requires;

(8) Administer an oath;

(9) Replace worn books and records with new ones;

(10) In conjunction with the Motor Vehicle Administrator, establish uniform procedures for reporting both traffic cases and criminal cases involving a motor vehicle in the circuit court to the Motor Vehicle Administration; and

(11) Perform any other duty required by law or rule.

(b) No duty to record until costs paid. -- Unless otherwise provided by law, a clerk is not required to record any paper filed with him or to provide any person with a copy of a paper until the applicable charge has been paid.
MD Code Cts. & Jud. Proc. 2-201 In general (Maryland Code (2019 Edition))

Act of filing papers with court is as ministerial and inflexibly mandatory as any of clerk's responsibilities. Maccray versus Maryland 456  F2d 1 (Fourth Circuit 1972)

There are some restrictions, the item must be in proper form, generally there must be a certificate of service, if these need to be paid, etc. but in general the court must accept documents for filing.

What does "shall" mean?

In Maryland there is some debate as to the term shall. Sometimes I like to equate shall with must. Excerpts from this opinion seem to support that position:

Lovero v. Joelma Da Silva., 200 Md.App. 433, 28 A.3d 43 (Md. App., 2011

It is important to note that in each iteration of the rule the clerk is directed not to “file” any paper or pleading requiring service that does not contain the appropriate proof of service. See Rule 1–323 (“The clerk shall not accept for filing....”); Rule 306 a.2. (“The clerk shall not accept or file ....”); and Rule 1(a)(2) (a paper “shall not be received and filed by the clerk ...”). The use of the word “shall” in a rule means that the conduct proscribed is mandatory. See Rule 1–201(a); 5 Owens v. Prince George's Cnty. Dep't of Soc. Servs., 182 Md.App. 31, 43–44, 957 A.2d 191 (adopting the view that the use of the word “shall” with respect to commands found in the Maryland Rules is mandatory), cert. denied, 406 Md. 746, 962 A.2d 372 (2008); Tranen v. Aziz, 59 Md.App. 528, 534, 476 A.2d 1170 (1984) (explaining that the term “shall” in a rule “is presumed mandatory ..., denoting an imperative obligation inconsistent with the exercise of discretion” (citation and quotations omitted)), aff'd, 304 Md. 605, 500 A.2d 636 (1985). Therefore, it is clear that in adopting Rule 1–323, and its predecessors, the Court of Appeals intended that a

        [28 A.3d 50]

pleading or paper requiring service that did not contain the appropriate proof of service was not to become a part of any court [200 Md.App. 446] proceeding by being “filed” in the court file of such proceeding.
Lovero v. Joelma Da Silva., 200 Md.App. 433, 28 A.3d 43 (Md. App., 2011)

Diversion of Prosecution in Prince Georges County District Court

Prince Georges County has a diversion system in place for certain categories of crime. There are a variety of factors which affect a defendant's ability to enter into a diversion program. There are many upsides to entering into a diversion program such as certainty of outcome and eventual dismissal of charges with the possibility of expungement. There are some downsides, actual innocence or inability of the state to prove its case could result in an acquittal with no further effort or expense from the defendant. You should consult with an attorney prior to making these important choices. Below is some information obtained from the District Court in Prince Georges County.

COURT ORDERED COMMUNITY SERVICE PROGRAM
You were just advised by the Courts to perform Community Service. Listed below are the office locations and steps you need to take, to successfully satisfy your court ordered requirements:
Upper Marlboro
2927 Brown Station Road Upper Marlboro, MD 20774 Residential House with Blue and White Siding
⦁ Monday - Friday
⦁ Enrollment Hours
⦁ 08:30 a.m. - 4:00 p.m.
 301-952-3940/5357 Office

Hyattsville
District 1 County Police Station
5000 Rhode Island Avenue, Suite 104
Hyattsville, MD 20784
Center of the Courtyard


The enrollment process should take less than thirty minutes to complete. The program will take in
consideration your means of transportation, work/school schedule and logistics of your residence. You are
required to pay a $40.00 Administrative Fee in the form of a Money Order or Certified Check. No cash,
personal checks or credit cards will be accepted.
If you are not a resident of Prince Georges County or Washington DC, you may request in person a transfer
through this Community Service Office to your jurisdiction. We will coordinate all paperwork regarding
transferring your case. You are required to pay a $40.00 Administrative Fee in the form of a Money Order or
Certified Check.
For enrollment, you should have the following items:
⦁ Copy of your Court Order
⦁ Picture ID
⦁ Administrative User Fee
4. You must enroll with this program to receive court credit for all hours of Community Service you perform.
This program will assign you to a specific work site to complete your community service hours.
5. You may start your community service hours immediately after the enrollment or thereafter. This will be
discussed and agreed upon during your enrollment process.
 The courts have assigned you a time frame to complete your hours. To figure out your completion date, count today as day one and every day thereafter, including holidays and weekends. This program will submit to the court on that date, your satisfactory or unsatisfactory compliance notice.

Spanish-speaking interpreters are available

13400 Dilie Drive, Upper Marlboro, Maryland 20772 (301) 952-4800 • 711 Maryland Relay Service • www.princegeorgescountymd.gov

What does it mean if my case is put on the stet docket

Maryland has a rule allowing a case to resolve other than a trial, dismissal or guilty plea.  With the defendant's consent the case can be put on the stet docket. The following is from an information sheet found in the District Court for Prince Georges County and it summarizes the situation neatly:

 If the state moves to place your case on the stet docket, and you agree to the stet, and the judge agrees to the stet, then your case is placed on an inactive status for three years. Essentially, the state puts the file on a shelf and stops time on the case.
The stet is not a conviction or an acquittal. It is a compromise between dropping the case and prosecuting you. Because it is not a conviction, you do not have to tell employers about it if they ask whether you have ever been convicted of any crime.
For tlie first year, either you dr the state may request that the case be reactivated. The case would be removed from the shelf and brought back into court for trial. Time is restarted, and you are back in the same position as you are now, i.e., about to stand trial. . .
For the last two years, the case may only be brought back into court upon written petition to a judge, who must agree there is good cause to reactivate the case.
To receive the stet, you must waive your right to speedy trial. In other words, if the case is reactivated in the next three years, you may not say you did not get your trial.quickly enough.
You keep all your other trial rights. . ’ ' • *;~
Tlie state may put some conditions on the stet, such as paying money to someone or some organization, staying -away from someone or some place, getting counselling, clearing up your driver's license, or anything else appropriate to your case. The state may also set a time, limit in which you must meet the condition(s) or eise have the case reactivated. It is your choice whether or not to agree to the condition(s), but you cannot have the stet disposition for your case unless you do agree and do meet the condition(s).

Child Support Statute

Child support and the general assembly. Under Maryland law an individual is entitled to child support under the following conditions: an individual who has attained the age of 18 years and he was enrolled in secondary school has the right to receive support and maintenance from both of the individual's parents until the first to occur of the following events:

The individual dies

The individual marries

The individual is emancipated

The individual graduates from or is no longer enrolled in secondary school or

The individual attains the age of 19 years.

You would think that the general assembly would put this particular provision in the Family Law Article under child support. Instead, it is in the Maryland code, Gen. Provisions 1-401. Even experienced family practitioners are hard-pressed to find this particular section.

The Maryland Gen. Provisions Article, in case you are interested contains the following titles:

Rules of interpretation
official oath
open meetings act
Public information act
Maryland public ethics law
United States
emblems, designations, commemorative days and months
and false claims.

Quite the potpourri of laws.