Maryland Motion to Dismiss or Transfer - Civil Trial

State:
Multi-State
Control #:
US-PI-0095
Format:
Word; 
Rich Text
Instant download

Description

This form is a motion filed by the defendant in a personal injury action requesting that the court grant its motion to dismiss the plaintiff's complaint or to remove the matter to federal court.
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FAQ

Maryland Rule of Procedure 2-421 controls how and when interrogatories are sent and responded to in circuit court cases. A request for admissions is a list of statements sent to another party. The receiving party must admit or deny each statement.

The clerk shall not accept for filing any pleading or other paper requiring service, other than an original pleading, unless it is accompanied by an admission or waiver of service or a signed certificate showing the date and manner of making service.

Rule 2-323 - Answer (a) Content. A claim for relief is brought to issue by filing an answer. Every defense of law or fact to a claim for relief in a complaint, counterclaim, cross-claim, or third-party claim shall be asserted in an answer, except as provided by Rule 2-322.

If a pleading to which an answer is permitted is so vague or ambiguous that a party cannot reasonably frame an answer, the party may move for a more definite statement before answering. The motion shall point out the defects complained of and the details desired.

Rule 2-323(e).) A party may deny specific averments or paragraphs or may generally deny all the averments except averments or paragraphs that are specifically admitted (Md. Rule 2-323(c)). A defendant may generally deny liability for any count for breach of contract, debt, or tort that seeks solely money damages (Md.

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 ...

The Court may transfer venue to another district for the convenience of parties and witnesses. The transferee district must be one in which the action could have been commenced originally. 28 USC § 1404(a). An objection based on improper venue must be brought under 28 USC § 1406(a).

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Maryland Motion to Dismiss or Transfer - Civil Trial