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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?

 

.

 

• 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






.

 

• 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?