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(c) After Dismissal by the District Court for Lack of Subject
Matter Jurisdiction
If an action is filed in the District Court of this State
within the period of limitations prescribed by Maryland law and
the District Court dismisses the action for lack of subject
matter jurisdiction, an action filed in a circuit court within 30
days after the District Court enters the order of dismissal shall
be treated as timely filed in the circuit court.
Source: This Rule is derived as follows:
Section (a) is derived from FRCP 3 the 1937 version of Fed. R.
Civ. P. 3 and former Rules 140 a and 170 a.
Section (b) is new.
Section (c) is new.
REPORTER’S NOTE
The proposed amendment to Rule 2-101 allows a plaintiff who
has timely filed an action in the District Court that should have
been filed in a circuit court to file a new complaint in the
correct court within 30 days after an order of dismissal for lack
of jurisdiction is entered in the District Court.
The Committee initially had considered a rule change that
would give the District Court the discretion to transfer the
action to a circuit court in a manner similar to the transfer
that is allowed from a circuit court to the District Court under
Rule 2-327 (a). The Committee believes that that approach is
inadvisable due to the higher filing fees and more stringent
pleading requirements in circuit court, as well as timing issues
pertaining to the filing of the defendant’s first responsive
pleading to the complaint.
The Committee also has considered the problem of the timely
filing in a circuit court of an action that is within the
exclusive jurisdiction of the District Court. Although the
Committee believes that under the circumstances described in Rule
2-327 (a) (“the [circuit] court determines that ... the action
should not be dismissed”) it may be an abuse of discretion not to
transfer the action to the District Court (see, e.g., Safe
Deposit Co. v. Cahn, 102 Md. 530 (1906) and Corkran v. Zoning
Comm’r., 41 Md. App. 437 (1979)), the Committee also believes
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