Question 2: Should jury trials be allowed only in civil cases when the amount in question is more than $15,000, instead of more than $10,000, the current minimum?

Question 2: Should jury trials be allowed only in civil cases when the amount in question is more than $15,000, instead of more than $10,000, the current minimum?

As you will see it on the ballot

Question 2
Constitutional Amendment
(Senate Bill 119, Chapter 480 of the 2010 Legislative Session)
Trial by Jury

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.

Arguments “for” increasing the threshold jury level to $15,000 in civil cases: Jury trials cost tax payers money and should be limited to issues with a threshold level of damages. The current level of $10,000 is too low.

Arguments “against” increasing the threshold jury level to $15,000 in civil cases: Jury trials should be available to individuals at the 10,000 level.

Extra Information:  the current level of $10,000 has been in effect since 2006. Not a lot of debate articles on this amendment but here is one point of view: http://www.marylandinjurylawyerblog.com/2010/04/another_new_maryland_law_jury.html

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One Response to Question 2: Should jury trials be allowed only in civil cases when the amount in question is more than $15,000, instead of more than $10,000, the current minimum?

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