“Small” Claim… “Large” Claim… Why Does It
Matter To Me?
If you are
representing yourself in District Court, some of the judges
in District Court say that the difference between “small”
and “large” claims is perhaps the most important information
you need to know about the legal process.
Legal Cases in District
Court
|
|
Topic |
Small Claim |
Large Claim
|
|
Amount of Claim |
The maximum amount of money you can try to recover
is $5,000 (excluding
interest, costs and attorneys fees, if
any) |
A large claim is for any amount more that
$5,000 up to a maximum amount of $30,000 (excluding
interest,
costs and attorneys fees, if any)
|
|
Hearing/trial Schedule |
Small claims are considered a “special proceeding”.
This means that district courts set aside a certain
day or time for small claims cases.
MD Rule §3-701(c) For
more information,
call the court clerk.
|
The court schedules large claim cases to be heard
throughout the week during regular court hours.
For more information,
call the court clerk.
|
|
Court Rules of Evidence |
Small claims are handled in an informal manner. The
formal rules of evidence do not apply.
MD Rules
§3-701(f) This means that non-attorneys
will have an easier time in preparing for trial.
|
You must follow the formal rules of evidence
found in MD Rules Title 5. It is
important that you read and understand these rules.
An attorney can help. |
|
Discovery |
“Discovery” is legal term that refers
to ways in which one side can find out more
information about the other side’s case. This might
include
“interrogatories”
or “depositions”. |
|
No discovery is allowed in small claim court.
MD
Rule §3-701(e) |
Limited “interrogatories” are allowed in large
claims. This means no more than 15 written
questions.
MD Rule §3-421(b) You may also
conduct a deposition if the other side agrees in
writing (a
stipulation).
MD Rule §3-401(a)
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|
Location |
Your
local district court
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|