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Introduction
to Paralegal
Studies
Pretrial
Procedure
Module
5
Return to
Chapter 12
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Pretrial
Procedure
Civil
Litigation |
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From
your reading you should know that the rules of procedure vary
depending on whether the case is Federal or State, Criminal or
Civil, At Law or In Equity, by court (original or appellate
jurisdiction), local rules, and by type of case. You
obviously cannot learn all of this in this class. In this
assignment we will focus on the Maryland Rules of Civil Procedure.
As you know from a prior assignment they may be accessed
electronically from the Maryland
Law Library website.
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My
goal for this assignment is to give you some experience drafting
the types of the documents that you may be drafting as a practicing
paralegal. Examples of these documents will be sent to
you. I urge
you to go to the actual Maryland Rule on the website and follow it
strictly while preparing the documents. |
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District
Court Procedure
The Complaint |
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Title 3 of the Maryland Rules covers
the rules for civil procedure in the Maryland District Courts.
Title
3. Civil Procedure - District Court |
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The
most relevant District Court Rules are hyper linked in the
following chart. |
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The
website with these rules has changed. You will need to
go the the Maryland
Law Library
and click on Maryland Rules. You will see
the Maryland Rules and Maryland Code. Click on the
Maryland Rules and a list will drop down. Select
Maryland Rules and the click for the drop down list then Title
3. Civil Procedure - District Court.
There you will find these sections.
Use the sections necessary to complete the project.
| Chapter
300. Pleadings and Motions |
| 3-301.
Form of action. |
| 3-302.
Pleadings allowed |
| 3-303.
Form of pleadings |
| 3-304.
Pleading time and place. |
| 3-305.
Claims for relief. |
| 3-306.
Judgment on affidavit |
| 3-307.
Notice of intention to defend |
| 3-308.
Demand for proof. |
| 3-311.
Motions |
| 3-325.
Jury trial. |
| 3-326.
Improper venue, inconvenience - Dismissal or transfer
of action. |
| 3-331.
Counterclaim and cross-claim |
| 3-332.
Third-party practice |
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The District Court does provided
preprinted complaint forms. some of them can be obtained
from the website. |
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Fact Pattern
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On February 15, 2000,
Mr. Anthony Conswello was driving an automobile in Annapolis on Rowe
Blvd. at the intersection of Taylor Avenue when his automobile was
struck in the rear by Anita Whitherspoon. Ms. Witherspoon was
speeding and her brake pads were so worn as to be
useless. Mr. Conswello was not seriously injured. He is
suing for $12,000 plus costs and interest and has elected to file in
District Court.
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Using the above fact pattern you are to
prepare a District Court Complaint for a new client Mr. Anthony
Conswello, 123 Free Ride Street, Annapolis, MD 21401. |
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The
Complaint was filed on December 15, 2000. |
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The defendant
lives at 1234 Nohope Street, Baltimore, MD 21230. |
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You are working for the law firm of
Cheetum & Howe. Your attorney is Mr. Idoncare Howe, 200
Easy Street, Annapolis, Md. 21401. |
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The phone number is 410-555-1000. |
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You will need to review the
material you learned about Complaints
in your text Chapter 10, Chapter 6 regarding the jurisdiction
and venue of the Maryland Courts, the information you
learned in Chapter 7 regarding the elements of the tort
of negligence and the Maryland
Rules of Procedure prepare the Complaint for this case. |
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Insert
it into the Maryland Civil Procedure section of the Paralegal
Reference Manual. |
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Top
of Page
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District
Court Procedure
Demand for a Jury
Trial |
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Ms. Witherspoon
received the Complaint and Summons from the District Court on
December 18, 2000. She has contacted a Lawyer by the name of
I. M. Notsobad, 854 Free Street, Annapolis, Md. 21401. Using the
facts from the case above, assume that Ms. Witherspoon through her
lawyer wishes to demand a jury trial. |
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Is
she entitled to a jury trial as a matter of Maryland Law ?
(Chapter 6) Proper cite. |
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When
must she file her Notice to Defend? |
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When
must she file her Prayer For a Jury Trial? |
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Write a brief
internal memo regarding the entitlement to a jury trial and
the filing deadlines. Insert
it into the Maryland Civil Procedure section of the Paralegal
Reference Manual. |
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Prepare
the Prayer for a Jury Trial. Make sure that it is filed within
the proper time period. Insert
it into the Maryland Civil Procedure section of the Paralegal
Reference Manual. |
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of Page
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Circuit Court
Procedure
The Complaint
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Using the scenario
above, Sleeping Beauty or the Lemon Law case described below draft a
Circuit Court Complaint.
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Title 2 of the Maryland Rules covers
the rules for civil procedure in the Maryland Circuit Courts.
Title
2. Civil Procedure - Circuit Court |
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The website
with these rules has changed. You will need to go the
the Maryland Law Library
and click on Maryland Rules. You will see the Maryland
Rules and Maryland Code. Click on the Maryland Rules and
a list will drop down. Select Maryland Rules and the
click for the drop down list then Title 2. Civil Procedure -
Circuit Court.
| 2-301.
Form of action |
| 2-302.
Pleadings allowed. |
| 2-303.
Form of pleadings. |
| 2-304.
Pleading certain matters |
| 2-305.
Claims for relief |
| 2-311.
Motions |
| 2-321.
Time for filing answer. |
| 2-322.
Preliminary motions. |
| 2-323.
Answer |
| 2-324.
Preservation of certain defenses |
| 2-325.
Jury trial |
| 2-326.
Transfers from District Court on demand for jury
trial. |
| 2-327.
Transfer of action. |
| 2-331.
Counterclaim and cross-claim |
| 2-332.
Third-party practice. |
| 2-341.
Amendment of pleadings. |
| 2-342.
Amendment of other papers |
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Top
of Page
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Using the Mr. Conswello fact pattern
above, Chapter 7 as it relates to the tort of negligence, handouts,
the rules of jurisdiction and venue as covered in Chapter 6, the
Maryland Rules of Civil Procedure draft a complaint for the Circuit
Court of Maryland.
OR |
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Using the Sleeping Beauty Case, the
information provided in Chapters 14 and 16, handouts, the rules of
jurisdiction and venue as covered in Chapter 6, Chapter 7 as it
relates to the tort of battery, and the Maryland Rules of Civil
Procedure draft a complaint for the Circuit Court of Maryland.
OR |
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Using the
Lemon Law Case below, the information provided in Chapters 14
and 16 regarding Lemon Laws, handouts, the rules of jurisdiction
and venue as covered in Chapter 6, the Maryland Law regarding
Lemon Law, and the Maryland Rules of Civil Procedure draft a
complaint for the Circuit Court of Maryland. |
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You are working for the law firm of
Cheetum & Howe. Your attorney is Mr. Idoncare Howe, 200
Easy Street, Annapolis, Md. 21401. |
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The phone number is 410-555-1000. |
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Insert
it into the Maryland Civil Procedure section of the Paralegal
Reference Manual. |
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Top
of Page
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Fact Pattern
Automotive Warranty Enforcement Act
MD. CODE ANN., COM. LAW II §14-1501 (Repl. Vol. 1990, Cum. Supp.
2000)
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Mr. Horatio Alger
purchased a new Mercedes Benz from Hookum & Rookum, Inc. located
at 9875 Nostopno Way, Annapolis, MD 21401 0n February 15,
2000. He paid $65,000 cash for the car. Within seven
months of delivery Mr. Alger's car failed to start 15 times.
Although Hookum & Rookum attempted to repair the car they were
not successful. Their mechanic could find nothing wrong.
The car was out of service for more than 45 days during that period
of time. Mr. Alger was quite upset and after fifth attempt to
repair the car sent a letter to the manufacturer outlining the
problems and indicating that if Hookum & Rookum could not fix
the car he would like a complete refund of the purchase price.
After the fifteenth attempt to repair the car was unsuccessful, Mr. Alger
demanded a refund from Hookum & Rookum, they refused his
request. Mr. Alger seeks recovery under the Maryland Lemon
Law.
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Created and Maintained by: Darlene Mallick
© Darlene Mallick 2000
© Darlene Mallick 2003
© Darlene Mallick 2005
All Graphics Copyright
Jelane K. Johnson, 1996-1998
02/10/09 03:35 PM
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