§ RULE 3-326 DISMISSAL OR TRANSFER OF ACTION

RULE 3-326. DISMISSAL OR TRANSFER OF ACTION

(a) Improper Venue. A defense of improper venue may be raised by motion before or at commencement of trial. If a court on motion or on its own initiative determines that venue is improper, it may dismiss the action or, if it determines that in the interest of justice the action should not be dismissed, it may transfer the action to any county in which it could have been brought.

(b) Convenience of the Parties and Witnesses. On motion of any party, the court may transfer any action to any other county where the action might have been brought if the transfer is for the convenience of the parties and witnesses and serves the interests of justice.

(1) In an action under Code, Family Law Article, Title 4, Subtitle 5, after entering a temporary protective order, the District Court, on motion or on its own initiative, may transfer the action to a circuit court for the final protective order hearing if, after inquiry, the District Court finds that (A) there is an action in the circuit court involving one or more of the parties in which there is an existing order or request for relief similar to that being sought in the District Court and (B) in the interests of justice, the action should be heard in the circuit court.

(2) In determining whether a hearing in the circuit court is in the interests of justice, the Court shall consider (A) the safety of each person eligible for relief, (B) the convenience of the parties, (C) the pendency of other actions involving the parties or children of the parties in one of the courts, (D) whether a transfer will result in undue delay, (E) the services that may be available in or through each court, and (F) the efficient operation of the courts.

(3) The consent of the parties is not required for a transfer under this section.

(4) After the action is transferred, the circuit court has jurisdiction for the purposes of enforcing and extending the temporary protective order as allowed by law.

Cross reference: See Code, Family Law Article, § 4-505 (c) concerning the duration and extension of a temporary protective order.

(d) Action for Dishonored Check.

(1) Transfer to Circuit Court. In an action for damages exceeding $25,000 for a dishonored check or other instrument pursuant to Code, Commercial Law Article, § 15-802, the District Court shall transfer the action to an appropriate circuit court upon a separate written demand filed by a defendant within 10 days after the time for filing a notice of intention to defend pursuant to Rule 3-307. Failure to file a timely demand constitutes a waiver of the right to transfer the case to a circuit court.

(2) Transmittal of Record to Circuit Court. When a timely demand is filed, the clerk shall transmit the record to the circuit court within 15 days. At any time before the record is transmitted pursuant to this section, the District Court may determine on motion or on its own initiative that the demand for transfer was not timely filed or that the action was not entitled to be transferred pursuant to Code, Courts Article, § 4-402 (f).

Source: This Rule is derived as follows:

Section (a) is derived from former M.D.R. 317.

Section (b) is derived from U.S.C. Title 28, § 1404 (a).

Section (c) is new.

Section (d) is new.