Rule 3-326.Dismissal or transfer of action

District Court · Last amended July 1, 2020 · Last verified July 13, 2026

In one sentenceThis rule lets the District Court dismiss or transfer a case for improper venue or convenience, and sets out special transfer procedures for domestic violence protective order cases and large dishonored-check claims.

Full Text of Rule 3-326

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

(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) Transfer Before Final Protective Order Hearing. —

(A) 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 (i) there is a pending 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 (ii) in the interests of justice, the action should be heard in the circuit court.

(B) In determining whether a hearing in the circuit 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 circuit court has jurisdiction for the purposes of enforcing and extending the temporary protective order as allowed by law.

(2) Transfer After Entry of Final Protective Order. —

(A) In an action under Code, Family Law Article, Title 4, Subtitle 5, after entering a final protective order, the District Court, on motion or on its own initiative, may transfer the action to a circuit court if, after inquiry, the District Court finds that (i) the petitioner and the respondent have a pending divorce case in the circuit court or (ii) the petitioner and the respondent have a pending child custody case in the circuit court.

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

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

(D) If the respondent notes an appeal of the final protective order, the circuit court shall treat the request as a de novo appeal of the District Court order. An appeal shall be considered timely if it is filed within 30 days of the entry of the 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).

End

Amendment History

Amended Nov. 1, 2001, effective Jan. 1, 2002; Nov. 12, 2003, Jan. 1, 2004; effective July 1, 2020.

Committee Note & Source

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

Cross references. See Code, Family Law Article, § 4-506 (j) concerning the duration and extension of a final protective order.

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.

Plain-English Summary

Venue and forum questions in District Court are handled through this one rule, which covers several different situations. If venue is improper, a party can raise it by motion any time up through the start of trial; the court can dismiss the case outright, or, when the interest of justice favors it, transfer the case to a county where it could have been brought instead of throwing it out. Separately, even when venue is proper, the court can transfer a case to another county on a party's motion if that better serves the convenience of the parties and witnesses and the interests of justice generally.

Domestic violence cases get their own transfer path. After a temporary protective order, the District Court can send the case to circuit court ahead of the final protective order hearing if there's already a related circuit court case, such as a pending action involving the same parties with a similar order or request for relief, and the court finds a circuit court hearing serves the interests of justice — weighing safety, convenience, other pending cases involving the same parties or their children, delay, available services, and efficient use of the courts. After a final protective order is entered, the case can also be transferred if the parties have a pending divorce or child custody case in circuit court. Neither transfer requires the parties' consent, and if a transferred final protective order is appealed, the circuit court treats it as a de novo appeal, timely if filed within 30 days of the order.

Large dishonored-check cases work differently still. When a claim for a bounced check or similar instrument exceeds $25,000, the District Court has to transfer it to circuit court, but only if a defendant files a written demand within 10 days after the deadline for filing a notice of intention to defend. Missing that window waives the right to transfer. Once a timely demand is filed, the clerk transmits the record within 15 days, though the District Court can still find before transmittal that the demand wasn't timely or that the case wasn't eligible for transfer.

Frequently Asked Questions

What's the difference between a venue transfer and a convenience transfer?

An improper-venue transfer or dismissal addresses a case filed in the wrong county to begin with. A convenience transfer moves a case that was properly filed but would be better handled elsewhere for the parties and witnesses, if the interests of justice support it.

Can a domestic violence case be transferred to circuit court?

Yes, in two situations: before the final protective order hearing, if there's a related pending circuit court case, and after a final protective order is entered, if the parties have a pending divorce or custody case in circuit court. Neither transfer needs the parties' consent.

What happens if I appeal a final protective order after it's transferred to circuit court?

The circuit court treats it as a de novo appeal, and it's timely if filed within 30 days of the order.

When does a dishonored-check case have to move to circuit court?

When the claim exceeds $25,000, and a defendant files a written demand for transfer within 10 days after the deadline for filing a notice of intention to defend. Missing that deadline waives the right to transfer.

Is transfer for a dishonored-check case automatic?

Not entirely. Once a timely demand is filed, the clerk transmits the record within 15 days, but the District Court can still find beforehand that the demand was untimely or the case didn't qualify for transfer.

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 of district court case to circuit courtimproper venue district court marylandchange of venue district courtdomestic violence protective order transfer circuit courtdishonored check case transfer over $25000convenience transfer district court