Maryland General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion

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Multi-State
Control #:
US-01056BG
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Word; 
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Rule 4-214 - Defense Counsel (a) Appearance. Counsel retained or appointed to represent a defendant shall enter an appearance within five days after accepting employment, after appointment, or after the filing of the charging document in court, whichever occurs later.

Filing a motion will automatically trigger the setting of a 14-day deadline for filing a response. See Local Rule 105.2. a and Fed.

Maryland Affirmative Defenses Under Rule 2-323(g) Affirmative defenses in legal proceedings are assertions made by a defendant that, if proven, can mitigate or excuse their liability for the plaintiff's claims.

(a) Request to Intervene. Any person, other than a parent, may file and serve a motion to intervene in a disposition, including a proceeding to review, modify, or vacate a dispositional order, for the sole purpose of seeking custody or guardianship of the respondent child.

A show cause order directs a person to show cause on or before a specified date why the court should not take the action described in the order. If a hearing is scheduled when the order is signed, the order shall set forth the date and time. The order shall also specify who is to be served and the method of service.

A motion is a request asking the court to give an order that the court or another party must do something. During a hearing or trial, you can make a motion verbally. At any other time, you must make your motion in writing. Your motion must say what you are asking the court to do.

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 ...

(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.

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Maryland General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion