Maryland General Form of Complaint for Breach of Oral Contract

State:
Multi-State
Control #:
US-02166BG
Format:
Word; 
Rich Text
Instant download

Description

The failure of a contracting party to substantially perform the terms and conditions of a service contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Notice of Intention to Defend - This is a form located on the bottom of your summons. Complete the Notice of Intention to Defend if you dispute owing all or some of what the plaintiff claims. The completed form must be returned to the Maryland District Court location listed at the top of your summons.

Rule 2-412 - Deposition-Notice (a) Generally. A party desiring to take a deposition shall serve a notice of deposition upon oral examination at least ten days before the date of the deposition or a notice of deposition upon written questions in ance with Rule 2-417.

(d) Striking Appearance. If the defendant is represented by other counsel or if other counsel enters an appearance on behalf of the defendant, and if no objection is made within ten days after the motion is filed, the clerk shall strike the appearance of moving counsel.

The court requires proof of service. The person who served the documents should fill out an affidavit of service. An affidavit is a sworn statement. They should attach the return receipt with the other party's signature if served by mail.

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.

Rule 2-124 - Process-Persons to be Served (a) Statutes Not Abrogated. The provisions of this Rule do not abrogate any statute permitting or requiring service on a person.

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 ...

When proof is made by affidavit that a defendant has acted to evade service, the court may order that service be made by mailing a copy of the summons, complaint, and all other papers filed with it to the defendant at the defendant's last known residence and delivering a copy of each to a person of suitable age and ...

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Maryland General Form of Complaint for Breach of Oral Contract