Maryland Rules Regarding Circuit Court Review of a Motions Hearing

April 19, 2022 Post a Comment

Topics on this folio:

What is a motion?
What do I practise with the move?
How can I reply to a motion past the other party?
Is it possible to modify the borderline for a response?
What should I include in a motility or response?
How will the court handle the motion?
Additional Resource

What is a motion?

A motion is a request request the courtroom to give an gild that the court or another political party must do something. During a hearing or trial, yous can make a motion verbally. At whatsoever other fourth dimension, you must brand your motility in writing. Your motility must say what you are asking the court to exercise.

What do I do with the movement?

Y'all must file your written move with the courtroom. Y'all must besides serve a copy to the other parties in the instance by delivering or mailing the copy of your motion to the other parties. If another party is represented by a lawyer, you must deliver or postal service that party'south copy to their lawyer.

Subsequently beingness served with a motion, another party has a set corporeality of time, usually fifteen days, to file a written response to the movement with the court. Generally, the courtroom volition not decide your motion until the other party has had this take a chance to respond.

Read the Rules: Maryland Rules i-321, ("Service of pleadings and papers other than original pleadings"), 1-322, ("Filing of pleadings, papers, and other items"), and 2-311 ("Motions")

How can I answer to a movement by the other party?

Mostly, other parties have to ship you a copy of any motion they file against you in your instance. Read the motion, and if you wish to, write a response to the motion. You must send the other parties a re-create of your response, and file your response with the court. After beingness served with a movement, you lot must file your response with the courtroom within the prepare time limit, unremarkably fifteen days.

If the other party served yous with a move by mail, the court will allow you iii actress days to file your response. In other words, yous must usually file your response within xviii days of the date on which the other party mailed yous the motion.

Read the Rule: Maryland Dominion i-203 ("Time")

Is information technology possible to change the deadline for a response?

In some circumstances and for cause shown, the court may be willing to upshot an order shortening or extending the time allowed for a response to a motion. To ask the court to shorten or extend the time, you must file an additional motion with the court.

This additional motion might be called a "Motion to Extend [or Shorten] Time Requirements to Answer to [Title of Move]." You must go through all the necessary steps to file and serve this boosted motion with the courtroom and serve it on the other parties.

As with whatsoever motion, the court may grant your move to change the borderline, or the courtroom may deny it. If you are asking for more fourth dimension to respond to another political party's motion, be certain to file your motility to extend time before the original deadline passes.

Read the Rules: Maryland Dominion one-204 ("Motion to shorten or extend time requirements")

What should I include in a move or response?

Case caption. Every newspaper you lot file must have a caption with the names of the parties (or, in some cases, the name of the example), the case number, and the name of the court hearing the example. This should announced at the top of the first page of your motion or response. Come across sample caption below:
Read the Rules: Maryland Rule ane-301 ("Form of court papers")
Title. Requite your motion a brusk title describing the nature of the request. If you have no idea what to call your motion, you can call it "Motion for Appropriate Relief." If you are responding to a motion, use a championship similar "Response to [Title of Motion] filed by [the political party who filed the move]." If you lot are requesting a hearing on the motion, yous must state that in the title. The responding party tin also request a hearing.
Facts. Country the facts that testify why the court should grant the order you are seeking (or should not grant the lodge requested by the other party). It is not enough to write downwardly your allegations and conclusions – you must include particular facts.
Law. Country the legal authorization that supports your motion or response. This authority tin can consist of any kind of constabulary, including a statute, a court dominion, case constabulary, or a previous court guild in this case.
Optional request for hearing. If yous want a hearing on your motility or response, you must asking a hearing under the heading "Asking for Hearing."
Signature. If you are not represented past a lawyer, yous must sign any paper you file with the court. You must also include your address, telephone number, fax number (if any), and email address (if any). Read the Rules: Maryland Rule one-311 ("Signing of pleadings and other papers")
Certificate of service. In order to file your movement or response with the court, y'all must include a signed certification stating that you gave or sent a copy to the other parties to the case, and stating the way in which you did so (for example, by hand; by fantabulous mail, postage prepaid; past certified mail; or past some other specified method). Include the name and address of any parties you mailed a re-create to. Blank certificate of service. Read the Rules: Maryland Rule 1-323 ("Proof of service")
Affidavit. If your move or response is based on facts that are non contained in the record, you must besides file an affidavit to support those new facts. Read the Rules: Maryland Rules 2-311 ("Motions") and i-304 ("Form of Affidavit")
Exhibits. If your movement or response is based on other papers or documents, or if you believe the court needs to consider some other document in deciding the motion, adhere that certificate as an exhibit.

How will the court handle the movement?

In many cases, after leaving fourth dimension for the other parties to reply, the court will but read the motion and response(s) and issue an club. In some cases, the court will schedule a hearing, to give you and the other party a adventure to explain your arguments farther. In nearly cases, the court does non have to grant a hearing.

Remember, if you want the court to hold a hearing before deciding your motion or response, you have to enquire for that. Kickoff, the championship of your motility or response must land that y'all are requesting a hearing. 2d, in the body of your motion or response, you must request a hearing under the heading "Request for Hearing."

Read the Rules: Maryland Rule 2-311 ("Motions") and 1-301 ("Class of courtroom papers")

Additional Resources

The Maryland Land Police Library and many local or Circuit Court law libraries take form books with examples of motions that you can edit to run into your needs. Here are some frequently used Maryland form books:

Maryland Ceremonious Process Forms: with Practice Commentary, Robert Dale Klein (LEXIS Publishing).
Maryland Exercise: Civil Procedure Forms, George W. Liebmann (West Publishing Co.)
Practice Manual for the Maryland Lawyer, Maryland Land Bar Association, Young Lawyer' Section.
Maryland Practice Forms, Paula M. Junghans, David McI. Williams (Eds.) (Maryland Institute for Continuing Professional Teaching of Lawyers & Immature Lawyers Department of the Bar Association of Baltimore City)
American Jurisprudence Pleading and Practice Forms, annotated (Lawyers Co-operative Publishing Co.)

In addition to these titles, there are also form books with motions that are focused on specific areas of law (family constabulary, landlord-tenant, employment police, etc.). Your local law library will also be able to help y'all identify these sources.

davismuchat.blogspot.com

Source: https://www.peoples-law.org/filing-motion-maryland-circuit-court

Davis Muchat