Merger of Law and Equity Under the Revised Maryland Rules: Does it Threaten Trial by Jury

Abstract:     
With the merger of law and equity effected by revisions to Maryland's Rules of Civil Procedure, adopted on July 1, 1984, the Maryland judiciary must define the scope of trial by jury to be permitted in the now merged civil actions. This article examines the federal and various state approaches and sets forth alternatives available to Maryland courts. The authors posit that Maryland's judges should define the scope of the jury trial right in the merged system by recognition of established equitable functions. The right to trial by jury should be preserved, not by blindly following the federal approach, but by applying Maryland's traditional limitations on equitable jurisdiction.

Number of Pages in PDF File: 79

Keywords: jury trials, Maryland, law and equity, Maryland Rules of Civil Procedure

JEL Classification: K40, K19, K39

Accepted Paper Series