Legal Question in Civil Litigation in Maryland

What is an affidavit judgment and a merit trial for small claim court? We are the plaintiffs. There are two defendants who are minors so the trial is really with a parent of each child. The trial is about an act of vandalism whereby one or both defendants are responsible for taking turns shooting rocks and then shattering the large double pane window above the front door of our home at a replacement cost exceeding $1,000. There are two witnesses with interview statements of the incident by a deputy police officer testifying to the incident. The court system notified us that one defendant will have a proceeding as an affidavit judgment and the other as a merit trial. Both defendants filed an intention to defend.


Asked on 10/04/09, 9:32 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You cannot get an affidavit judgment if the defendants have filed a notice to defend, so there is something wrong with that notice. In all likelihood you didn't complete the part of the complaint form that requests an affidavit judgment, since it isn't that type of case. You should be prepared to go to court on the trial date and try to prove your case. By the way, although the rules of evidence are somewhat relaxed in a small claims proceeding, you probably won't be allowed to use interview statements prepared by the police as evidence. This would deprive the defendants of their right of cross-examination of your witnesses. If possible you should try to get at least one of these witnesses to come to court if they can testify that these kids were the culprits. I assume they are denying responsibility, or the parents should be willing to settle your claim. I hope you sued the parents as "next friends" of the children, because the parents themselves are not directly responsible unless they failed to properly supervise the children and that led to this event.

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Answered on 10/09/09, 11:34 am


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