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Maryland's Civil Litigation Timeline: From Filing a Lawsuit to Trial and Appeal

WHAT COURT?  COMPLAINT  SERVICE OF PROCESS PRELIMINARY MOTIONS ANSWER THE COMPLAINT DISCOVERY DUTY TO SUPPLEMENT PRE-TRIAL MOTIONS TRIAL POST-TRIAL MOTIONS APPEAL

Power to Hear Type of Case

Power over Defendant?

Venue: The right county?

 

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Concise Factual Allegations Supporting Each Element of Claim

Requesting Damages or Other Relief

Liberal Amendment Policy Prior to 15 Days of Trial

Need Leave to Amend Within 15 Days of Trial [amendment stricken if prejudice to opposing party]

 

Process =
[1] summons +
[2] complaint

Methods of Service:

1. Personally Serving Defendant;
2. Certified Mail;
3. Serving Corporation's Resident Agent/President/ Secretary/Treasurer






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For More Definite Statement

To Strike Certain Allegations

To Dismiss

  * waivable defenses

  * non-waivable defenses
Specific v. General Denials

Defenses:

* Non-Waivable Defenses omitted from Preliminary Motion
* Negative Defenses
* Affirmative Defenses

Within Scope?
* not privileged
* relevant to case
* reasonably calculated to lead to discovery of evidence

Work Product Immunity

Protective Orders

Discovery Tools:

* depositions
* interrogatories
* document requests
* admission requests 

All discovery responses, except depositions

Sanctions for Failing to Provide Discovery?

 

Default Judgment

Involuntary Dismissals for Lack of Prosecution

Voluntary Dismissals

Summary Judgment

Voir Dire: Picking Jurors

Opening Statements

Presentation of Evidence:

* Plaintiff v. Defendant

P's Case-in-Chief
D's Motion for Judgment?

D's Case-in-Chief
P's Motion for Judgment?

Either side must move for judgment at close of all evidence to preserve post-trial motion for JNOV!

Jury Instructions

• Closing Arguments

• Verdict

10-Day Motions

* for Judgment Notwithstanding the Verdict [JNOV]

* for New Trial

* to Alter/Amend a Judgment

30-Day Revisory Power

 

Final Judgment?

Timely Notice of Appeal?