Maryland Request for Wavier of Appearance

State:
Maryland
Control #:
MD-SKU-1263
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Description

Request for Wavier of Appearance

Maryland Request for Wavier of Appearance is a form used in Maryland courts. This form is used when a person does not want to appear in court during their scheduled hearing. It allows the individual to sign a waiver of appearance, thereby giving permission for their attorney to represent them in court without their physical presence. The form must be signed by the defendant, the defendant's attorney, and the court. The two types of Maryland Request for Wavier of Appearance are Waiver of Personal Appearance in Civil Case and Waiver of Personal Appearance in Criminal Case. Waiver of Personal Appearance in Civil Case is used when the defendant does not wish to appear in civil court. Waiver of Personal Appearance in Criminal Case is used when the defendant does not wish to appear in criminal court.

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FAQ

How to Respond to a Case File a Notice of Intention to Defend: You must file this within 15 days of receiving the summons. The Notice is on the bottom half of the summons.File a Counterclaim, Cross-claim, or a Third-Party Complaint.

Procedure for Requesting Postponements If you wish to request a change in the court date, submit your request in writing to the District Court where your trial or hearing will be heard with an explanation of the circumstances that require the change and include any supporting documentation.

The initial appearance of the defendant in circuit court occurs when the defendant (1) is brought before the court by reason of execution of a warrant pursuant to Rule 4-212(e) or (f)(2), or (2) appears in person or by written notice of counsel in response to a summons.

The Notice of Intention to Defend includes space for you to explain why you should not be required to pay the money the plaintiff claims you owe. You should be prepared to defend this (and other reasons) in court during the trial. Make sure you bring your exhibits and evidence.

Rule 3-307 - Notice of Intention to Defend (a) To Be Filed With Court--When Service Not Required. The defendant, including a counter-defendant, cross-defendant, and third-party defendant, shall file with the court a notice of intention to defend which may include any explanation or ground of defense.

Notice of intention to defend. After service of the summons, the defendant has ten court (business) days in which to serve a formal confirmation of its intention to defend the action on the claimant's lawyers. Slightly longer time periods are permitted where summons is served outside of the jurisdiction of the court.

(1) File a motion in the District Court where the case was (Use form DC-002) You can file this motion in writing within ten (10) days after the date of the judgment. You must state in writing all of the reasons that you believe that the District Court judge made the wrong decision.

If you are not served legally, you can request that the court dismiss the case for improper service. File your request as soon as possible before the trial date on the DC-002, Motion. If the judge grants your request and postpones the trial, the plaintiff will have to serve you with a new summons.

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Maryland Request for Wavier of Appearance