(a) Applicable rules. — The rules of this Title apply to small claim actions, except as provided in this Rule.
Rule 3-701.Small claim actions
District Court · Last amended April 1, 2017 · Last verified July 13, 2026
In one sentenceRule 3-701 sets the streamlined procedure for small claim actions in Maryland's District Court, including trial scheduling, mandatory forms, and a bar on discovery.
Full Text of Rule 3-701
(b) Forms. — Forms for the commencement and defense of a small claim action shall be prescribed by the Chief Judge of the District Court and used by persons desiring to file or defend such an action.
(c) Trial date and time. — A small claim action shall be tried at a special session of the court designated for the trial of small claim actions. Upon the filing of the complaint, the clerk shall fix the date and time for trial of the action. When the notice of intention to defend is due within 15 days after service, the original trial date shall be within 60 days after the complaint was filed. When the notice of intention to defend is due within 60 days after service, the original trial date shall be within 90 days after the complaint was filed. With leave of court, an action may be tried sooner than on the date originally fixed.
(d) Counterclaims — Cross-claims — Third-party claims. — If a counterclaim, cross-claim, or third- party claim in an amount exceeding the jurisdictional limit for a small claim action (exclusive of interest, costs, and attorney’s fees and exclusive of the original claim) is filed in a small claim action, this Rule shall not apply and the clerk shall transfer the action to the regular civil docket.
(e) Discovery not available. — No pretrial discovery under Chapter 400 of this Title shall be permitted in a small claim action.
(f) Conduct of trial. — The court shall conduct the trial of a small claim action in an informal manner. Except as otherwise required by law, Title 5 of these rules does not apply to proceedings under this Rule.
Amendment History
Amended Apr. 7, 1986, effective July 1, 1986; Dec. 15, 1993, effective July 1, 1994; Nov. 12, 2003, effective Jan. 1, 2004; December 13, 2016, effective April 1, 2017.
Committee Note & Source
Cross references. Code, Courts Article, § 4-405.
Cross references. See Rule 3-307 concerning the time for filing a notice of intention to defend.
Cross references. Rule 3-331 (f).
Cross references. See Code, Courts Article, § 5-1203 (b)(2) and Rule 5-101 (b) (4).
Source. This Rule is derived in part from former M.D.R. 568 and 401 a and is in part new.
Plain-English Summary
Small claims are meant to be quick and cheap, and Rule 3-701 builds that promise into the process. Once a small claim complaint is filed, the clerk immediately sets a trial date rather than waiting for a full round of pretrial motions. If the defendant's notice of intention to defend is due within 15 days after service, the case must go to trial within 60 days of filing; if the defendant gets 60 days to respond, trial must happen within 90 days. A judge can move the trial earlier than that original date, but not later, and both sides must use the forms the Chief Judge of the District Court prescribes for filing and defending the claim.
To keep things fast, Rule 3-701 strips out two features of ordinary civil litigation: discovery and formal evidence rules. Neither side can send interrogatories, request documents, or take depositions under Chapter 400 — everything gets worked out at trial itself, which the court runs informally rather than under Title 5's evidentiary framework, except where the law requires otherwise. There's a limit on how far a case can grow and still stay "small," though: if a counterclaim, cross-claim, or third-party claim pushes the amount in controversy over the small-claims jurisdictional limit (not counting interest, costs, attorney's fees, or the original claim itself), the whole case leaves the small-claims track and the clerk transfers it to the regular civil docket.
Frequently Asked Questions
What counts as a small claim in Maryland District Court?
A small claim is a civil case that falls at or under the dollar limit the Maryland legislature sets by statute in the Courts and Judicial Proceedings Article. That statutory limit changes over time, so check the current figure before filing rather than relying on what it was in an earlier year. Once a case fits within the limit, Rule 3-701 applies and the case follows the small-claims track described here instead of the ordinary civil rules.
How fast will my small claims trial be scheduled?
The clerk sets the trial date as soon as the complaint is filed. If the defendant has only 15 days after service to file a notice of intention to defend, trial must be held within 60 days of the filing date. If the defendant instead has 60 days to respond, trial must be held within 90 days of filing. The court can move the trial to an earlier date with leave of court, but the rule doesn't let it push the trial past those outer deadlines.
Can I request documents or take a deposition before a small claims trial?
No. Rule 3-701(e) bars pretrial discovery under Chapter 400 in small claim actions entirely. There are no interrogatories, document requests, or depositions. Each side prepares to present its evidence and arguments directly at the trial itself.
Will the small claims trial follow the same evidence rules as a regular civil trial?
No. Rule 3-701(f) directs the court to conduct a small claims trial informally, and it turns off Title 5 (Maryland's evidence rules) except where some other law specifically requires them to apply. That informality is part of what makes small claims accessible to people representing themselves.
What happens if the other side files a counterclaim worth more than the small-claims limit?
The case stops being a small claim. Under Rule 3-701(d), if a counterclaim, cross-claim, or third-party claim exceeds the small-claims jurisdictional limit — figured without counting interest, costs, attorney's fees, or the amount of the original claim — the clerk transfers the entire action to the regular civil docket, where the standard Title 3 procedures (including discovery) apply.
What forms do I need to file or defend a small claim?
Rule 3-701(b) requires use of the forms the Chief Judge of the District Court prescribes for starting or defending a small claim action. Using the official forms helps make sure the clerk's office can process the filing on the small-claims timeline.
Can a small claims trial happen sooner than the date the clerk originally set?
Yes. Rule 3-701(c) allows the court, with leave of court, to try the case sooner than the date the clerk first fixed. The rule sets outer limits on how late the trial can be, not how early.
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
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