Can I request a trial by written declaration in small claims court?

Yes, you may request a trial by written declaration in small claims court in Maryland. This type of trial does not require a court appearance and is handled solely through written documents exchanged between the parties involved. A trial by written declaration is typically used to settle disputes involving amounts that are less than $5,000, which is the maximum limit of small claims court in Maryland. To request a trial by written declaration, either the plaintiff (the party who initiates the lawsuit) or the defendant (the party against whom the lawsuit is filed) must file a written motion with the court requesting such a trial. They must also include a signed and notarized affidavit explaining why they are requesting a trial by written declaration and enclose the required filing fee. Once the motion has been filed, the court will issue an order setting a deadline for the plaintiff and the defendant to submit to the court their written evidence and arguments for the case. After both parties have submitted their documents, the court will issue an order of judgment based on the written evidence presented, without the need for a court hearing. The court’s order of judgment will be binding on both parties.

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