DRAFTING COMPLAINT IN MARYLAND DISTRICT COURT

Jurisdiction and Venue Selection

• Standard Jurisdiction: Maryland District Courts handle civil claims up to $30,000, landlord-tenant disputes, replevin actions, and motor vehicle violations. They also have exclusive jurisdiction in claims of $5,000 or less.

• Establishing Jurisdiction: Ensure that the cause of action occurred in Maryland or that the defendant resides or does business in Maryland. For businesses, the registered agent or principal office location is often used to establish jurisdiction.

Identifying the Parties

• Individuals: Ensure accurate personal details (name, address). If the defendant is a minor, their legal guardian must be named.

• Business Entities:

  • Use the State Department of Assessments and Taxation (SDAT) to find the correct and formal name of the business Maryland SDAT.

  • List the business as the defendant and serve the court papers to the registered agent or principal office as listed in SDAT.

Court Addresses and Contact Information

Each district has specific locations. You must file at the court location where the incident occurred or where the defendant can be served. A complete directory of Maryland District Court locations and contact information is provided here.

Drafting and Filing the Complaint

• Forms: Use the general District Court Complaint Form, DC-CV-001, for filing. If more space is needed to detail the facts, continuation sheets may be attached.

• Filing: Complaints can be filed in person at the district court or electronically via the Maryland Electronic Courts (MDEC) system.

• Sample Form: You can view a sample general complaint form here.

Types of Cases: Contract Breaches

• When drafting a complaint for a contract breach, specify the date of the contract, the parties involved, the terms allegedly breached, the factual background leading to the dispute, and the specific relief or amount being claimed.

• Evidence such as the contract itself, communication between the parties, and other relevant documents should be attached as exhibits to the complaint.

Landlord-Tenant Disputes

• Types of Cases: Failure to pay rent, breach of lease, tenant holding over, and wrongful detainer.

• Key Elements in Complaints: Clearly state the terms of the lease, specifics of the breach, dates relevant to the tenancy and dispute, and detailed demands for relief such as eviction or back rent.

2. Small Claims

• Definition: Claims for monetary damages where the total amount does not exceed $5,000.

• Complaint Requirements: Outline the nature of the debt or damages, provide evidence such as contracts or receipts, and detail the attempts to resolve the matter prior to litigation.

3. Replevin Cases

• Purpose: To recover wrongfully detained personal property.

• Complaint Content: Describe the property in question, the basis of the plaintiff's claim to the property, and the manner in which the defendant is wrongfully detaining it.

4. Motor Vehicle Violations

• Scope: Cases involving traffic tickets and other non-criminal traffic offenses.

• Complaint Details: Include details of the alleged violation, the date and location of the incident, and any witness statements or evidence such as photos from traffic cameras.

Universal Elements to Include in Every Complaint

• Parties’ Information: Full legal names and addresses of all parties involved. In the case of businesses, include the formal business name as registered.

• Factual Background: A clear and concise statement of the facts that lead to the dispute or claim.

• Legal Grounds: The specific laws, statutes, or legal principles that support the claim or action.

• Jurisdiction and Venue: Explanation of why the Maryland District Court has jurisdiction over the case and the appropriateness of the venue.

• Relief Sought: Specify the relief or outcome the plaintiff seeks, including monetary amounts if applicable.

• Signature and Date: The complaint must be signed and dated by the plaintiff or their legal representative.

Tips and Tricks for Effective Complaints

• Clarity and Brevity: Keep sentences short and to the point. Avoid legal jargon where simple language will do.

• Chronological Order: Present facts in a logical, chronological order to build a clear narrative.

• Check for Consistency: Ensure that there are no contradictory statements within the complaint.

• Review for Completeness: Double-check that all required elements are included, especially the factual and legal bases for the claim.

• Proofread: Spelling and grammar mistakes can undermine the professionalism of a complaint. Proofreading also helps to ensure clarity and accuracy in the document.