Md. R. Prop. Act'n 12-601

As amended through November 13, 2024

Rule 12-601 - Possession of Personal Property Before Judgment-Replevin

(a)Action in District Court. A person claiming the right to immediate possession of personal property may file an action under this Rule for possession before judgment. The action shall be filed in the District Court.

(b) Defendant. The action shall be brought against the person who has possession of the property at the time the complaint is filed. A person who obtains possession after the complaint is filed shall be joined as a defendant.

Cross reference: Rule 3-211.

(c)Complaint. In addition to complying with Rules 3-303 through 3-305, the complaint shall contain (1) a description of the property claimed and an allegation of its value, (2) an allegation that the defendant unjustly detains the property, (3) a claim for return of the property, and (4) any claim for damages to the property or for its detention.

(d)Summons and Notice.

(1) Upon the filing of the complaint, the clerk shall issue a summons as in other civil actions and a notice to the defendant.

(2) The notice shall:

(A) indicate the time within which the notice must be served;

(B) advise the defendant that before trial on the complaint a hearing will be held to determine the right to possession before judgment, if the notice, the complaint, and any exhibits are served within the time prescribed in the notice;

(C) indicate the date of the hearing on the right to possession before judgment, which may not be less than seven days after service of the notice on the defendant unless the court orders otherwise;

(D) advise the defendant of the right to appear and present evidence at the hearing; and

(E) warn the defendant that the court may grant the plaintiff's request for possession before judgment and direct the sheriff to place the plaintiff in possession of the property unless the defendant appears personally and shows cause why the property described in the complaint should not be immediately returned to the plaintiff.

(e) Service. The notice shall be served with the summons and complaint and any exhibits.

(f) Hearing. The hearing shall be held as scheduled and shall proceed ex parte if the defendant fails to appear in response to the notice.

Cross reference:See Code, Courts Article, § 4-402(e)(2) regarding the jurisdiction of the District Court to conduct the show cause hearing, to enforce any ancillary injunction, and to issue, renew, and receive returns on the writ of possession even if a jury trial is demanded.

(g)Decision. If the court determines that the plaintiff is entitled to possession before judgment, the court shall order issuance of a writ directing the sheriff to place the plaintiff in possession of the property, provided that the plaintiff files a bond for the satisfaction of all costs and damages that may be awarded to the defendant or a claimant of the property by reason of the possession. The order shall prescribe the amount of and security for the bond. If the claimed property cannot be found and the writ is returned unexecuted, the plaintiff may request reissuance of the writ or may proceed pursuant to section (h) of this Rule.

(h)Further Proceedings Pursuant to Rule 12-602. After the issue of the right to possession before judgment is determined, the action shall proceed as an action for recovery of property after judgment under Rule 12-602. If the value of the property remains at issue and that value and any damages claimed exceed the monetary jurisdiction of the District Court or a timely demand for jury trial has been filed, the clerk shall transmit the record to the circuit court in accordance with the procedures set forth in Rule 3-325.

Md. R. Prop. Act'n 12-601

This Rule is derived from former M.D.R. BQ 41 through BQ45 and BQ49.

Adopted June 5, 1996, eff. 1/1/1997.

HISTORICAL NOTES

Derivation:

Maryland District Rule BQ41, adopted June 28, 1971, eff. July 5, 1971, related to parties, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland District Rule BQ42, adopted eff. May 25, 1973, related to commencement of replevin actions, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland District Rule BQ43, adopted eff. May 25, 1973, related to show cause orders, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland District Rule BQ44, adopted eff. May 25, 1973, related to hearings on show cause orders, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland District Rule BQ45, adopted as Rule BQ42, renumbered as Rule BQ45, eff. May 25, 1973, related to replevin bonds, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland District Rule BQ49, adopted as Rule BQ50, renumbered as Rule BQ49, eff. May 25, 1973, amended April 6, 1984, eff. July 1, 1984, related to reissuance of writs, rescinded June 5, 1996, eff. Jan. 1, 1997.

Committee note: For a thorough history and explanation of the action of replevin and its relationship to actions of detinue and trover, seeWallander v. Barnes, 341 Md. 553 (1996).