Rule 2-327.Transfer of action

Circuit Court · Last amended March 1, 2026 · Last verified July 13, 2026

In one sentenceRule 2-327 gives circuit courts four distinct ways to move a case elsewhere — down to the District Court, across to a court with proper venue, to a more convenient forum, or into a consolidated proceeding with related cases.

Full Text of Rule 2-327

Text sizeJump to: (a) (b) (c) (d)

(a) Transfer to District Court. —

(1) If Circuit Court Lacks Jurisdiction. — If an action within the exclusive jurisdiction of the District Court is filed in the circuit court but the court determines that in the interest of justice the action should not be dismissed, the court may transfer the action to the District Court sitting in the same county.

(2) If Circuit Court has Jurisdiction — Generally. — Except as otherwise provided in subsection (a)(3) of this Rule, the court may transfer an action within its jurisdiction to the District Court sitting in the same county if all parties to the action (A) consent to the transfer, (B) waive any right to a jury trial they currently may have and any right they may have to a jury trial following transfer to the District Court, including on appeal from any judgment entered, and (C) make any amendments to the pleadings necessary to bring the action within the jurisdiction of the District Court.

(3) If Circuit Court has Jurisdiction — Domestic Violence Actions.

(A) In an action under Code, Family Law Article, Title 4, Subtitle 5, after entering a temporary protective order, a circuit court, on motion or on its own initiative, may transfer the action to the District Court for the final protective order hearing if, after inquiry, the court finds that (i) there is no other action between the parties pending in the circuit court, (ii) the respondent has sought relief under Code, Family Law Article, Title 4, Subtitle 5, in the District Court, and (iii) in the interests of justice, the action should be heard in the District Court.

(B) In determining whether a hearing in the District Court is in the interests of justice, the court shall consider (i) the safety of each person eligible for relief, (ii) the convenience of the parties, (iii) the pendency of other actions involving the parties or children of the parties in one of the courts, (iv) whether a transfer will result in undue delay, (v) the services that may be available in or through each court, and (vi) the efficient operation of the courts.

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

(b) Improper venue. — If a court sustains a defense of improper venue but 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.

(c) Convenience of the parties and witnesses. — On motion of any party, the court may transfer any action to any other circuit court 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.

(d) Actions involving common questions of law or fact. —

(1) Applicability. — Section (d) of this Rule does not apply to an action governed by a consolidated case management plan established pursuant to Rule 16-302 (d), except as otherwise provided by an order of the case management special magistrate appointed by the Chief Justice of the Supreme Court to develop and implement the plan.

(2) Generally. — If civil actions involving one or more common questions of law or fact are pending in more than one circuit court, an action or any claim or issue in the action may be transferred in accordance with this section for consolidated pretrial proceedings or for consolidated trial to a circuit court in which (A) the action to be transferred might have been brought, and (B) a similar action is pending.

(3) On Motion or on Initiative of Transferor Court. — A transfer of an action, claim, or issue under this section may be made on motion of a party or on the transferor court's own initiative. If a transfer is being considered on the court's own initiative, the circuit administrative judge having administrative authority over the transferor court shall enter an order directing the parties to show cause on or before a date specified in the order why the action, claim, or issue should not be transferred for consolidated pretrial proceedings or for consolidated trial.

(4) Hearing. — Upon written request of a party filed within the time for filing a response to the motion or show cause order, as applicable, the circuit administrative judge having administrative authority over the transferor court shall hold a hearing.

(5) Findings; Acceptance of Transfer. — A transfer under this section may not be made except upon: (A) a finding in writing or on the record by the circuit administrative judge having administrative authority over the transferor court that the requirements of subsection (d)(2) of this Rule are satisfied and that the transfer will promote the just and efficient conduct of the actions, claims, or issues to be consolidated and not prejudice or unduly inconvenience the parties and witnesses in the actions subject to the proposed transfer; and (B) acceptance of the transfer by the circuit administrative judge having administrative authority over the court to which the action, claim, or issue will be transferred.

(6) Order. — An order granting or denying the transfer shall be issued by the circuit administrative judge having administrative authority over the transferor court. An order of transfer shall specify (A) the basis for the judge's findings under subsection (d)(5) of this Rule, (B) each action subject to the order, (C) whether the entire action is transferred, and, if not, each claim or issue that is transferred, (D) the effective date of the transfer, (E) whether the transfer is for consolidated pretrial proceedings, consolidated trial, or both, (F) the documents to be transferred, and (G) any other provisions deemed necessary or desirable to implement the transfer. The transferor court may amend the order from time to time as justice requires.

(7) Procedure upon Conclusion of Proceedings in the Transferee Court. —

(A) If, at the conclusion of proceedings in the transferee court pursuant to the order of transfer, the transferred action has been terminated by entry of judgment, the action shall remain in the transferee court, and the clerk of the transferee court shall notify the clerk of the transferor court of the entry of the judgment.

(B) If, at the conclusion of proceedings in the transferee court pursuant to the order of transfer, the transferred action has not been terminated by entry of judgment and further proceedings are necessary:

(i) within 30 days after the entry of an order concluding the proceeding, a party may file in the transferee court a motion to reconsider or revise any order or ruling entered by the transferee court;

(ii) if such a motion is filed, the transferee court shall consider and decide the motion; and

(iii) following the expiration of the 30-day period or, if a timely motion for reconsideration is filed, upon disposition of the motion, the circuit administrative judge having administrative authority over the transferee court shall enter an order remanding the action to the transferor court.

(8) Effect of Transferee Court’s Rulings and Orders. — Rulings and orders made or entered by the transferee court are binding upon the transferor and the transferee courts.

End

Amendment History

Amended June 28, 1990, effective July 1, 1990; Dec. 10, 1996, effective July 1, 1997; Nov. 1, 2001, effective Jan. 1, 2002; Nov. 12, 2003, effective Jan. 1, 2004; Jan. 22, 2026, effective Mar. 1, 2026.

Committee Note & Source

Cross references. See Rule 3-101 (c) concerning complaints that are timely filed in the circuit court and dismissed for lack of subject matter jurisdiction.

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

Source. This Rule is derived as follows:

Section (a) is derived in part from the last phrase of former Rule 515 a and is in part new.

Section (b) is derived from former Rule 317.

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

Section (d) is new.

Plain-English Summary

Rule 2-327 covers ground that has nothing in common except the word "transfer." Section (a) lets a circuit court send a case down to the District Court in three situations: the case belongs in the District Court's exclusive jurisdiction and dismissal would be unjust; the parties themselves want to move a case within the circuit court's jurisdiction there and are willing to waive any jury trial rights and amend their pleadings to fit; or, in a domestic violence case, a court can transfer a temporary protective order matter to the District Court for the final hearing without anyone's consent, so long as it finds no other case is pending between the parties in circuit court, the respondent has already sought relief in the District Court, and the interests of justice favor the switch.

Sections (b) and (c) handle more familiar territory: a court that finds venue improper can transfer the case to a proper county instead of dismissing it, and any party can ask a court to move a case to a county that would be more convenient for the parties and witnesses. Section (d) is the most elaborate piece — a procedure for consolidating civil actions that share common questions of law or fact but are pending in different circuit courts. A circuit administrative judge oversees the process, whether started by a party's motion or the transferor court's own initiative, holds a hearing if requested, makes written findings, and issues a transfer order specifying exactly what moves, why, and for how long. When the consolidated proceedings wrap up without a final judgment, the transferee court's administrative judge sends the case back to where it started, though the transferee court's rulings stay binding on both courts.

Frequently Asked Questions

Can a case filed in the wrong court be sent to the District Court instead of dismissed?

Yes. Under Rule 2-327(a)(1), if a case belongs in the District Court's exclusive jurisdiction, the circuit court may transfer it there rather than dismiss it, as long as that serves the interests of justice.

If the parties agree to move a case to the District Court, do they keep their right to a jury trial?

No. Rule 2-327(a)(2) requires all parties to waive any current jury trial right and any future right to one, including on appeal, as a condition of a consent transfer to the District Court.

Can a domestic violence case be transferred to the District Court without the parties' consent?

Yes. Rule 2-327(a)(3) lets a circuit court transfer a temporary protective order matter to the District Court for the final hearing on its own initiative or on motion, without requiring consent, once it makes the required findings about safety, convenience, pending cases, and court efficiency.

What happens if my case was filed in the wrong venue?

Rule 2-327(b) lets the court transfer the case to a proper county rather than dismiss it, if dismissal would not serve the interests of justice.

How does a court consolidate related cases pending in different circuit courts?

Rule 2-327(d) lets a circuit administrative judge transfer an action, claim, or issue to another circuit court for consolidated pretrial proceedings or trial, based on written findings that the cases share common questions and that consolidation serves justice and efficiency without undue prejudice.

After a consolidated case finishes in the transferee court, how much time is there to ask for reconsideration?

Rule 2-327(d)(7) gives a party 30 days after entry of an order concluding the transferee court proceeding to file a motion to reconsider or revise, before the case is remanded to the transferor court.

Source & verification. Rule text, Committee Note, Source note, and amendment history are reproduced verbatim from the Maryland Rules, adopted by the Supreme Court of Maryland. Last verified July 13, 2026. · Official source

Also known as: transfer case to district court marylandimproper venue transferchange of venue circuit court marylandconsolidation of civil actions marylanddomestic violence protective order transfer to district courtforum convenience transfer marylandmultidistrict consolidated pretrial maryland