Maryland Amended Complaint for Personal Injury and Wrongful Death

State:
Multi-State
Control #:
US-PI-0300
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint filed by guests at motel which failed to provide adequate security, thereby permitting unauthorized persons access premises, resulting in the death of one of the plaintiffs and injury to others.

How to fill out Amended Complaint For Personal Injury And Wrongful Death?

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FAQ

Rule 2-322 - Preliminary Motions (a) Mandatory. The following defenses shall be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the person, (2) improper venue, (3) insufficiency of process, and (4) insufficiency of service of process.

If service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the court.

The person served with the complaint has 30 days to answer, if they are served in Maryland; 60 days to answer, if they are served out of this State; and 90 days to answer, if they are served outside the United States.

Rather than filing an answer, a defendant may file a preliminary motion (Md. Rule 2-322). The filing of a preliminary motion under Maryland Rule 2-322 automatically extends the time for filing an answer to either: ? 15 days after the court's entry of the decision on the motion.

The amended complaint shall be filed within 30 days after entry of the order or within such other time as the court may fix. If leave to amend is granted and the plaintiff fails to file an amended complaint within the time prescribed, the court, on motion, may enter an order dismissing the action.

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 ...

If a magistrate finds that extraordinary circumstances exist and recommends that an order be entered immediately, the court shall review the file and any exhibits and the magistrate's findings and recommendations and shall afford the parties an opportunity for oral argument.

Rule 2-321. (a) General rule. 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.

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Maryland Amended Complaint for Personal Injury and Wrongful Death