Module 5  
Return to Chapter 14

Post trial Procedure
 Civil Litigation Post Trial

bar.gif - 0.89 K

Options of the Losing Party

Once the trial is complete there are a number of options available to the losing party

Motion for a judgment notwithstanding the verdict (called Judgment Non Obstente Verdicto or Judgment NOV) 
Motion for a New Trial
Appeal the verdict 

Appealing a Judgment From a Court

Top of Page
bar.gif - 0.89 K

Options of the Winning Party
Once the trial is complete the winning party will want to execute upon the verdict and try to collect whatever money or property he/she can collect form the losing party.  There are a number of ways to accomplish that task.  
Writ of Execution
Garnishment of Wages 

Top of Page
bar.gif - 0.89 K
As you know from the Pretrial and Trial Assignments the Maryland Rules of Procedure set out the rules for Writs of Execution and Garnishment of Wages. 
Title 3 of the Maryland Rules covers the rules for civil procedure in the Maryland District Courts.
Title 3. Civil Procedure - District Court
Go to the Maryland Law Library Website and enter the Maryland Rules of procedure from there as you have before.
Chapter 600. 
3-641. Writ of execution - Issuance and content.
3-642. Writ of execution - Levy.
3-643. Release of property from levy.
3-644. Sale of property under levy
3-645. Garnishment of property - Generally
3-646. Garnishment of wages
The District Court does provided preprinted complaint forms. 

Title 2 of the Maryland Rules covers the rules for civil procedure in the Maryland Circuit Courts.
 Title 2. Civil Procedure - Circuit Court

Go to the Maryland Law Library Website and enter the Maryland Rules of procedure from there as you have before.

Chapter 600
Rule 2-641. Writ of execution - Issuance and content.
Rule 2-642. Writ of execution - Levy.
Rule 2-643. Release of property from levy.
Rule 2-644. Sale of property under levy.
Rule 2-645. Garnishment of property - Generally.
Rule 2-646. Garnishment of wages.
Assuming that Mr. Anthony Conswello wins his lawsuit against Anita Whitherspoon please prepare the papers required under the Circuit Court Rules for
Using the information provided in the origin problem prepare a writ of execution. 
Find the Maryland Law regarding what wages may be garnished and which are exempt.  Draft a memo regarding the garnishment procedure and the exempt property. 
Using the information provided in the origin problem prepare the papers required to garish Ms. Witherspoon's wages.
Insert it into the Maryland Civil Procedure section of the  Paralegal Reference Manual.
Top of Page
bar.gif - 0.89 K

Created and Maintained by: Darlene Mallick
©  Darlene Mallick 2001
©  Darlene Mallick 2005
All Graphics Copyright Jelane K. Johnson, 1996-1998

03/31/09 12:11 PM

Hit Counter
bar.gif - 0.89 K