Maryland Motion to Dismiss (Md. Rule 2-322) is a document filed by a defendant in a civil case to ask the court to dismiss the case without a trial. The motion is made pursuant to Md. Rule 2-322, which states that a court may dismiss a case, in whole or in part, if it finds that the claim or defense is legally insufficient. There are two types of Maryland Motion to Dismiss (Md. Rule 2-322): a motion to dismiss for failure to state a claim and a motion to dismiss for failure to prosecute. A motion to dismiss for failure to state a claim argues that the plaintiff has not stated a claim upon which relief can be granted, while a motion to dismiss for failure to prosecute argues that the plaintiff has not taken any steps to prosecute the case. A Maryland Motion to Dismiss (Md. Rule 2-322) must be filed with the court and served upon the opposing party. The motion must include a memorandum of law which articulates the legal basis for the motion. The opposing party then has an opportunity to respond to the motion. The court will then make a determination on whether to grant or deny the motion.
Maryland Motion to Dismiss (Md. Rule 2-322)
Description
Form popularity
FAQ
In addition, Maryland Rule 2-322 states that the court may, on proper motion, order ?any improper, immaterial, impertinent, or scandalous matter stricken from any pleading or may order any pleading that is late or otherwise not in compliance with these rules stricken in its entirety.? Md.
Any party may serve written interrogatories directed to any other party. Unless the court orders otherwise, a party may serve one or more sets having a cumulative total of not more than 30 interrogatories to be answered by the same party.
A defendant may generally deny liability for any count for breach of contract, debt, or tort that seeks solely money damages (Md. Rule 2-323(d)). The answer may contain any of the following defenses that the defendant has not raised by preliminary motion: ? Lack of subject matter jurisdiction.
Maryland Rule 2-327(b) states: (b) Improper venue. If a court sustains a defense of improper venue but determines that in the interest of justice the action should not be dismissed, it may transfer the action to any county in which it could have been brought.
(Md. Rule 2-321(c).) In the Maryland district court, a defendant must respond to a complaint by filing a notice of intention to defend within 15 days after service of the complaint (Md. Rule 3-307).
In addition, Maryland Rule 2-322 states that the court may, on proper motion, order ?any improper, immaterial, impertinent, or scandalous matter stricken from any pleading or may order any pleading that is late or otherwise not in compliance with these rules stricken in its entirety.? Md.
Rule 2-321. A party shall file an answer to an original complaint, counterclaim, cross-claim, or third- party claim within 30 days after being served, except as provided by sections (b) and (c) of this Rule. (b) Exceptions.
§3?322. (3) commit another unnatural or perverted sexual practice with another or with an animal. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.