FILING MOTIONS IN DISTRICT COURT

I. Introduction

The District Court aims to resolve disputes between litigants quickly and effectively. Maryland Rule 3-311(a) outlines the process for filing motions in the District Court. This SOP provides detailed instructions, explanations, training, and examples for new paralegals or legal assistants in a law firm.

II. General Guidelines

A. What is a Motion?

A motion is a formal request made to the court, asking for a specific ruling or order. Motions can address various issues before or during a trial. Understanding how to file a motion correctly is crucial for ensuring your client's case proceeds smoothly.

B. Motion Submission

1. Format and Content:

   • Written Format: All motions must be in writing unless presented orally at a hearing or trial.

   • Relief Sought: Clearly state what you are asking the court to do.

   • Grounds for Motion: Specify the reasons for your request in detail.

   • Attachments: Include relevant documents unless they are referenced under Maryland Rule 3-303(d).

   • Draft Order: Provide a proposed order for the judge to sign.

   • Brevity: Keep the motion concise and to the point.

2. Timing for Responses:

   • The party against whom the motion is directed must respond within ten days of service or within the time allowed for filing a motion of intention to defend, whichever is later (Maryland Rule 3-311(b)).

   • Refer to Maryland Rule 1-203 for computing the time correctly.

C. Request for Hearings

1. Written Request:

   • A request for a hearing must be in writing and included with the motion or response under the heading "Request for Hearing" (Maryland Rule 3-311(e)).

   • The Court will decide whether a hearing is necessary unless a rule expressly requires it.

2. Hearings on Dispositive Motions:

   • The Court cannot decide on a dispositive motion without a hearing if requested by a party.

   • Typically, the hearing may be scheduled on the same day as the trial.

   • Exceptions include motions to compel discovery (Maryland Rule 3-421(g)), motions for a new trial (Maryland Rule 3-533), and motions to amend a judgment (Maryland Rule 3-534).

III. Specific Motions

A. Dispositive Motions

1. What are Dispositive Motions?

   • Dispositive motions seek to resolve a legal issue that could end the case. Unlike the Circuit Court, the District Court does not allow motions for summary judgment. Instead, motions like "Motion to Dismiss" are used to resolve issues such as lack of jurisdiction or failure to state a claim.

B. Motion for Postponement

1. What is a Motion for Postponement?

   • A motion for postponement is a request to reschedule a court date.

2. Procedure:

   • Prompt Check: Review the trial schedule as soon as you receive notice.

   • Immediate Action: If there's a conflict, request a postponement immediately, providing valid reasons.

   • Consent: Obtain the opposing party’s consent if possible and indicate this in the motion.

   • Last-Minute Requests: If you request a postponement within five days of the trial, provide a strong reason for the delay and for the late request. Indicate efforts made to contact the opposing counsel.

   • Day of Trial Requests: Requests can be made in open court, but attendance is required.

C. Motion for Case to Be Specially Set

1. What is a Motion for Case to Be Specially Set?

   • This motion requests that a case be given a specific date and time for trial, usually for cases that will take longer than the standard time allotted.

2. When to Request:

   • For cases expected to take longer than usual (e.g., over two hours), request the case be specially set.

3. Emergency Situations:

   • Postponements of specially-set cases are rarely granted unless in emergencies.

D. Motion to Consolidate

1. What is a Motion to Consolidate?

   • This motion requests the court to combine two or more cases that involve common legal or factual issues into a single proceeding.

2. Common Questions of Law or Fact:

   • When cases involve similar legal or factual issues, they may be consolidated for trial.

   • The Court may also order separate trials for convenience or to avoid prejudice.

E. Motion to Recuse a Judge

1. What is a Motion to Recuse a Judge?

   • This motion requests that a judge be disqualified from hearing a case due to potential bias or conflict of interest.

2. Grounds for Recusal:

   • Valid reasons beyond general bias must be presented.

   • If denied, file a motion for reassignment with the administrative judge or Chief Judge.

F. Motion to Stay

1. What is a Motion to Stay?

   • This motion requests to temporarily halt proceedings in a case.

2. Reasons for Stay:

   • Prematurely filed actions.

   • Counterclaims exceeding District Court’s jurisdictional limit.

   • Pending cases that will dispose of all issues in the current case.

IV. Practical Information, Tips, and Tricks

A. Where to Find Motion Forms

• Online Resources: The Maryland Judiciary website provides access to various forms, including those for filing motions.

• Law Firm Database: Your law firm may have a shared drive or database where commonly used forms are stored.

• Court Clerk's Office: You can also obtain forms directly from the District Court Clerk’s Office.

B. How to E-File a Motion

1. Access the E-Filing System:

   • Log in to the Maryland Electronic Courts (MDEC) system using your credentials.

2. Prepare the Motion:

   • Ensure all required information is included, and the motion is properly formatted.

   • Attach all necessary documents and the proposed order.

3. Submit the Motion:

   • Select the appropriate case in the MDEC system.

   • Upload the motion and any supporting documents.

   • Review and confirm the submission.

4. Confirmation:

   • After submission, you will receive a confirmation email with a timestamp.

   • Save or print the confirmation for your records.

C. Additional Items for Back-End Operations

1. Document Management:

   • Keep digital and physical copies of all filed motions and related documents.

   • Organize documents in the case file for easy access.

2. Communication:

   • Maintain clear communication with clients, opposing counsel, and court personnel.

   • Document all communications for future reference.

3. Tracking and Follow-Up:

   • Use a case management system to track deadlines and responses.

   • Follow up on filed motions and ensure you are aware of any scheduled hearings or required actions.

4. Training and Resources:

   • Familiarize yourself with Maryland Rules and local court procedures.

   • Attend training sessions and seek guidance from experienced colleagues.

D. Tips and Tricks

1. Early Preparation: Start preparing motions well in advance to avoid last-minute issues.

2. Communication: Maintain clear communication with your client and opposing counsel.

3. Record Keeping: Keep detailed records of all communications and filings.

4. Review and Proofread: Carefully review and proofread all documents before filing.

E. Understanding Deadlines

• Familiarize yourself with the court’s deadlines for filing and responding to motions.

• Use a calendar or case management system to track all important dates.

V. Frequently Asked Questions

Q1: What is the purpose of a motion?

• A motion asks the court to issue a specific ruling or order on a legal matter.

Q2: How do I know if a hearing is needed?

• Check if the motion is dispositive or if a rule expressly requires a hearing. Otherwise, the court will decide if a hearing is necessary.

Q3: What should I do if I cannot contact opposing counsel for a consent motion?

• Document your attempts to contact them and include this information in your motion.

Q4: Can I file a motion orally?

• Yes, but only during a hearing or trial.

• VI. Conclusion

• Following these procedures ensures that motions in the District Court are handled efficiently and effectively. Adhering to the specified rules and guidelines helps maintain compliance with the court’s streamlined process. For detailed examples and forms, refer to the attached templates and samples.