Maryland Motion To Dismiss Example With Solution

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Maryland
Control #:
MD-JB-013-51
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A52 Motion To Dismiss
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FAQ

Response by Plaintiff A plaintiff must file a response to a motion to dismiss within 15 days after service of the motion (Md. Rule 2-311(b)). If a defendant serves the motion to dismiss on the plaintiff by mail, the plaintiff has 18 days after service to respond (Md. Rule 1-203(c)).

Except as otherwise provided in these rules or by statute, a party who has filed a complaint, counterclaim, cross-claim, or third-party claim may dismiss all or part of the claim without leave of court by filing (1) a notice of dismissal at any time before the adverse party files an answer or (2) a stipulation of ...

The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...

(b) Response. Except as otherwise provided in this section, a party against whom a motion is directed shall file any response within 15 days after being served with the motion, or within the time allowed for a party's original pleading pursuant to Rule 2-321(a), whichever is later.

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Maryland Motion To Dismiss Example With Solution