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Trial by Jury

Maryland Ballot Measure - Question 2

Election: Nov. 2, 2010 (General)

Outcome: Passed

Categories:

Criminal Justice
Civil Liberties and Civil Rights
Legal
Constitution

Summary

    This constitutional amendment would provide that legislation may be enacted to limit the right to a jury trial in a civil proceeding in which the amount in controversy is not more than $15,000 instead of not more $10,000, as currently specified in the Maryland Constitution. The dollar amount specified in the constitutional amendment excludes attorney's fees that may be recoverable in the civil proceeding.

    Legislation passed in the 2010 session of the General Assembly, contingent on the approval of this constitutional amendment by the voters, would provide that a party may not demand a jury trial in a civil proceeding if the amount in controversy does not exceed $15,000, excluding attorney's fees if attorney's fees are recoverable in the proceeding. In that case, a judge, rather than a jury, would determine the verdict.

    Measure Text

    Authorizing the enactment of legislation to limit the right to a jury trial in a civil proceeding to those proceedings in which the amount in controversy exceeds $15,000.

    (Amending Maryland Declaration of Rights - Articles 5(a) and 23)

    Under Articles 5 and 23 of the Maryland Declaration of Rights, a party in a civil proceeding has a right to a jury trial where the amount in controversy exceeds $10,000. In cases where the amount in controversy does not exceed this threshold amount, a judge, rather than a jury, determines the verdict. The constitutional amendment would increase the amount-in-controversy limitation by providing that a party may not demand a jury trial in a civil proceeding unless the amount in controversy exceeds $15,000, excluding attorney's fees if attorney's fees are recoverable in the proceeding.

    For the Constitutional Amendment

    Against the Constitutional Amendment

    Resources

    Official Summary

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