This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.
Maryland Motion for Summary Judgment on Behalf of Defendant
State:
Multi-State
Control #:
US-PI-0269
Format:
Word;
Rich Text
Instant download
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How to fill out Motion For Summary Judgment On Behalf Of Defendant?
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FAQ
Maryland Rule 552 provides in part: a. Motion for - Grounds to Be Stated. In an action tried by a jury any party may move, at the close of the evidence offered by an opponent or at the close of all the evidence, for a directed verdict in his favor on any or all of the issues.
In Maryland, summary judgment may only be granted if two conditions are met. First, the moving party must establish there is no genuine dispute as to any material fact. Second, the moving party must establish that it is entitled to judgment as a matter of law. Maryland Rule 2-501(f).
Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.
Responses to motions must be filed within fifteen (15) days after being served with the motion, or within the time allowed for the party's original pleading, whichever is later. Md. Rule 2-311(b). Parties have an additional three (3) days to respond, (so eighteen (18) days) if service was accomplished by mail.
File a Notice of Intention to Defend If you choose to defend yourself, you must file the Notice of Intention to Defend, appearing on the bottom half of the summons. The Notice should be cut at the perforated line and returned to the court address listed at the top of the summons.
Rule 2-522 - Court Decision-Jury Verdict (a) Court Decision. In a contested court trial, the judge, before or at the time judgment is entered, shall prepare and file or dictate into the record a brief statement of the reasons for the decision and the basis of determining any damages.
Maryland Rule 4-331, titled ?Motions for a New Trial; Revisory Power,? provides as follows: (a) Within Ten Days of Verdict. On motion of the defendant filed within ten days after a verdict, the court, in the interest of justice, may order a new trial.
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 ...