Circuit Court · Last amended July 1, 2001 · Last verified July 13, 2026
In one sentenceRule 2-505 governs removal — moving a Maryland civil case from one circuit court to another for trial, whether because of claimed local prejudice or because every judge in the county is disqualified.
(1)Prejudice. — In any action that is subject to removal, and on issues from the Orphans’ Court, any party may file a motion for removal accompanied by an affidavit alleging that the party cannot receive a fair and impartial trial in the county in which the action is pending. If the court finds that there is reasonable ground to believe that the allegation is correct, it shall order that the action be removed for trial to a court of another county. Any party, including a party who has obtained removal, may obtain further removal pursuant to this Rule.
(2)Disqualification of All Judges. — In any action in which all the judges of the court of any county are disqualified to sit by the provisions of the Maryland Constitution, any party, upon motion, shall have the right of removal of the action to a court of another county or, if the action is not removable, the right to have a judge of a court of another county preside in the action.
(b)Designation of court and transmittal of record. — The Circuit Administrative Judge of the court ordering removal shall designate the county to which the case is to be removed. When the court orders that the action be removed for trial to a court of another county, the clerk shall transmit the record to that court within five days from entry of the order, unless the court ordering the removal extends the time. The record shall consist of all the original papers filed in the action and a copy of the docket entries.
(c)Striking the order of removal. — Before the record has actually been transmitted, the court, on motion of the party who obtained the order of removal, may vacate the order.
(d)Order by court to which removed. — The court to which an action has been removed may issue a warrant of resurvey or other process to the sheriff, surveyor, or other officer of the county from which the action has been removed.
(e)Return of papers to original court. — Within five days after final disposition of the action, including all appeals, the clerk shall transmit all papers in the action and a copy of the docket entries to the court from which the action was first removed.
Amendment History
Amended June 5, 1996, effective Jan. 1, 1997; Mar. 5, 2001, effective July 1, 2001.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is derived from former Rule 542 a 1 and 2.
Section (b) is derived from former Rule 542 c 1 and 4.
Section (c) is derived from former Rule 542 d 1.
Section (d) is derived from former Rule 542 g.
Section (e) is derived from former Rule 542 i.
Plain-English Summary
A party who believes the county where a case is pending won't give it a fair trial can move for removal, backed by an affidavit alleging that bias. If the court finds reasonable grounds to believe the affidavit, it orders the case moved to another county for trial — and even a party who already won removal once can ask for a second move under this same rule. Separately, if every judge in a county is disqualified under the Maryland Constitution, a party has an automatic right to removal, or, if the case itself can't be removed, the right to have a judge from another county come preside over it.
The administrative judge of the court ordering removal picks the receiving county, and the clerk must send the record there within five days unless the court extends that time. Before the record goes out, though, the court can undo the removal order on motion of the party who obtained it. The court that receives the case can reach back into the original county for a warrant of resurvey or other process from that county's sheriff or other officers. Once the case is fully over, including any appeals, the clerk sends everything back to the court where the case started, again within five days.
Frequently Asked Questions
How does a party ask for removal based on local prejudice?
By filing a motion supported by an affidavit alleging the party can't get a fair and impartial trial in the county where the case is pending. If the court finds reasonable grounds to believe that allegation, it orders the case removed to another county for trial.
Can a party get more than one removal?
Yes. The rule lets any party, including one who already obtained removal, seek further removal.
What happens if every judge in the county is disqualified?
A party has the right to removal to another county's court or, if the case can't be removed, the right to have a judge from another county preside over it in place of the disqualified judges.
Can a removal order be undone?
Yes, but only before the record has been transmitted to the receiving court, and only on motion of the party who obtained the removal order in the first place.
Where does the case end up after removal?
The case is tried in the county the administrative judge designates. Once the case and any appeals are finally over, the clerk sends the papers and docket entries back to the court where the case originally started.
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:Maryland change of venue ruleremoval to another county Maryland circuit courtMd Rule 2-505 removaldisqualified judges removal Maryland