Official 2010 Gubernatorial General Election Question Text

Trial by Jury
Constitutional Amendment

Question 02

Authorizing the enactment of legislation to limit the right to a jury trial in a civil proceeding to those proceedings in which the amount in controversy exceeds $15,000. (Amending Maryland Declaration of Rights ? Articles 5(a) and 23) Under Articles 5 and 23 of the Maryland Declaration of Rights, a party in a civil proceeding has a right to a jury trial where the amount in controversy exceeds $10,000. In cases where the amount in controversy does not exceed this threshold amount, a judge, rather than a jury, determines the verdict. The constitutional amendment would increase the amount-in-controversy limitation by providing that a party may not demand a jury trial in a civil proceeding unless the amount in controversy exceeds $15,000, excluding attorney?s fees if attorney?s fees are recoverable in the proceeding.