Venue in Maryland Injury and Divorce Cases. CONFUSED YET?. Call for Free Phone Consultation.

Venue

Venue refers to what city or county you can use to file your complaint. It is an important issue in personal injury as well as divorce cases. For personal injury cases it is important because the venue is the location from which potential juries are selected. For divorce cases it is important due to the pace of getting cases scheduled and the judge's particular orientation on custody issues. Generally as you will see below venue depends on residency and employment issues.

MD Code, Courts and Judicial Proceedings, § 6-201

6-201. In general

(a) Subject to the provisions of §§ 6-202 and 6-203 of this subtitle and unless otherwise provided by law, a civil action shall be brought in a county where the defendant resides, carries on a regular business, is employed, or habitually engages in a vocation. In addition, a corporation also may be sued where it maintains its principal offices in the State.

(b) If there is more than one defendant, and there is no single venue applicable to all defendants, under subsection (a), all may be sued in a county in which any one of them could be sued, or in the county where the cause of action arose.

§ 6-202. Additional actions

In addition to the venue provided in § 6-201 or § 6-203, the following actions may be brought in the indicated county:

(1) Divorce -- Where the plaintiff resides;

(2) Annulment -- Where the plaintiff resides or where the marriage ceremony was performed;

(3) Action against a corporation which has no principal place of business in the State -- Where the plaintiff resides;

(4) Replevin or detinue -- Where the property sought to be recovered is located;

(5) Action relating to custody, guardianship, maintenance, or support of a child -- Where the father, alleged father, or mother of the child resides, or where the child resides;

(6) Suit on a bond against a corporate surety -- Where the bond is filed, or where the contract is to be performed;

(7) Action for possession of real property -- Where a portion of the land upon which the action is based is located;

(8) Tort action based on negligence -- Where the cause of action arose;

(9) Attachment on original process -- Where the property is located or where the garnishee resides;

(10) Nondelivery or injury of goods against master or captain of a vessel -- Where the goods are received on board the vessel or where delivery is to be made under the contract;

(11) Action for damages against a nonresident individual -- Any county in the State;

(12) Action against a person who absconds from a county or leaves the State before the statute of limitations has run -- Where the defendant is found;

(13) In a local action in which the defendant cannot be found in the county where the subject matter of the action is located -- In any county in which the venue is proper under § 6-201.

§ 6-203. General rule inapplicable

(a) The general rule of § 6-201 of this subtitle does not apply to actions enumerated in this section.

(b)(1) The venue of the following actions is in the county where all or any portion of the subject matter of the action is located:

(i) Partition of real estate;

(ii) Enforcement of a charge or lien on land;

(iii) Eminent domain;

(iv) Trespass to land; and

(v) Waste.

(2) If the property lies in more than one county, the court where proceedings are first brought has jurisdiction over the entire property.

(c) The venue of an action to recover damages against a railroad company for injury to livestock is the county where the injury occurred.

(d) The venue of an action for guardianship under Title 5, Subtitle 3 of the Family Law Article is in the county where the court has jurisdiction over the child in need of assistance case under Title 3, Subtitle 8 of this article.

(e)(1) Except as provided in paragraphs (2) and (3) of this subsection, the venue for a proceeding for adoption of an individual who is physically within this State or subject to the jurisdiction of an equity court is in a county where:

(i) The petitioner is domiciled;

(ii) The petitioner has resided for at least 90 days next preceding the filing of the petition;

(iii) A licensed child placement agency having legal or physical custody of the individual is located;

(iv) The individual is domiciled, if the individual is related to the petitioner by blood or marriage or is an adult; or

(v) An equity court has continuing jurisdiction over the custody of the individual.

(2) The venue in an adoption of an individual under Title 5, Subtitle 3, Part III of the Family Law Article is in the court with jurisdiction over the individual under Title 3, Subtitle 8 of this article.

(3) The venue in an adoption of an individual under Title 5, Subtitle 3, Part IV of the Family Law Article is in the court where the individual's guardianship case is pending.

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