Circuit Court · Last amended January 1, 2004 · Last verified July 13, 2026
In one sentenceRule 2-326 spells out the notice a circuit court clerk must send when a case moves over from the District Court on a jury demand or transfer request, and gives every notified party 30 days to answer.
(a)Notice. — Upon entry on the docket of an action transferred from the District Court pursuant to a demand for jury trial or a demand for transfer pursuant to section (d) of Rule 3-326, the clerk shall send to the plaintiff and each party who has been served in the District Court action a notice that states the date of entry and the assigned docket reference and includes a “Notice to Defendant” in substantially the following form:
Notice to Defendant If you are a ‘‘defendant,’’ ‘‘counter-defendant,’’ ‘‘cross defendant,’’ or ‘‘third-party defendant’’ in this action and you wish to contest the case against you, you must file in this court an answer or other response to the complaint, counterclaim, cross-claim, or third-party claim within 30 days after the date of this notice, regardless of whether you filed a notice of intention to defend or other response in the District Court. Committee note. — If an action is transferred and a defendant or third-party defendant has not been served with process, the burden is on the plaintiff or third-party plaintiff to obtain service, as if the action were originally filed in a circuit court.
(b)Answer or other response; subsequent proceedings. — Regardless of whether a notice of intention to defend or other response was filed in the District Court, a defendant, counter-defendant, cross defendant, or third-party defendant shall file an answer or other response to the complaint, counterclaim, cross-claim, or third-party claim within 30 days after the clerk sends the notice required by section (a) of this Rule. Following the expiration of the 30-day period, the action shall thereafter proceed as if originally filed in the circuit court.
Amendment History
Amended Nov. 20, 1984, effective Jan. 1, 1985; June 3, 1988, effective July 1, 1988; Feb. 10, 1998, effective July 1, 1998; Nov. 12, 2003, effective Jan. 1, 2004.
Committee Note & Source
Source. This Rule is new.
Plain-English Summary
Some cases start in the District Court and end up in the circuit court because a party demanded a jury trial or asked for a transfer under Rule 3-326. When that happens, Rule 2-326 tells the circuit court clerk what to do next: send the plaintiff and every party who was served in the District Court a notice showing the date the case was docketed and its new circuit court reference number. That notice must include a standard "Notice to Defendant" telling each defendant, counter-defendant, cross-defendant, or third-party defendant that they have 30 days from the date of the notice to file an answer or other response — even if they already filed something in the District Court.
The 30-day clock runs from the notice, not from anything that happened in the District Court, so nobody loses their chance to respond just because the case changed courts. Once that period passes, the case proceeds exactly as if it had been filed in the circuit court from the start. A Committee note attached to the rule flags one gap this notice doesn't fill: if a defendant was never served with process in the District Court case, the plaintiff still has to get that person served, the same as in any case filed directly in circuit court.
Frequently Asked Questions
How long do I have to respond after my District Court case moves to circuit court?
You have 30 days from the date the clerk sends the notice required by Rule 2-326(a), regardless of anything you filed earlier in the District Court.
Do I need to file a new answer if I already responded in the District Court?
Yes. Rule 2-326(b) requires an answer or other response within 30 days of the clerk's notice regardless of whether you filed a notice of intention to defend or any other response while the case was in the District Court.
What happens if a defendant was never served with process in the District Court case?
The Committee note to Rule 2-326 places that burden on the plaintiff or third-party plaintiff, who must obtain service just as if the action had been filed in the circuit court in the first place.
What triggers a transfer from the District Court to the circuit court under this rule?
Rule 2-326 applies when an action is transferred following a demand for jury trial or a demand for transfer under section (d) of Rule 3-326.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as:jury demand transfer from district courtnotice to defendant after circuit court transferdistrict court case moved to circuit court30 day answer after transfer marylanddemand for jury trial transfer maryland