HARRY HUGHES, Governor                                            7

circuit court; correcting a reference; and making this Act
an emergency measure.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 4-402(e)

Annotated Code of Maryland

(1984 Replacement Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

4-402.

(e) (1) In a civil action in which the amount in
controversy exceeds $500, exclusive of attorney's fees if
attorney's fees are recoverable by law or contract, a party may
demand a jury trial pursuant to the Maryland [District] Rules.

(2) Except in a replevin action, if a party is
entitled to and [demands] FILES A TIMELY DEMAND, IN ACCORDANCE
WITH THE MARYLAND RULES, FOR a jury trial, jurisdiction is
transferred forthwith and the record of the proceeding shall be
transmitted to the appropriate court. In a replevin action, if a
party is entitled to and [demands] FILES A TIMELY DEMAND FOR a
jury trial, the District Court may conduct a hearing on the show
cause order prior to issuing the writ, enforce an injunction
issued by it in the action, and issue, renew, and receive returns
upon the writ of replevin. The action shall be transmitted to
the appropriate court only after the writ has been returned,
stating that the property sought has been seized or eloigned[;],
and the time for filing a notice of intention to defend has
expired.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is
hereby declared to be an emergency measure and necessary for the
immediate preservation of the public health and safety and having
been passed by a yea and nay vote supported by three-fifths of
all the members elected to each of the two Houses of the General
Assembly, the same shall take effect from the date of its
passage.

Approved March 26, 1985.