MD Civ Pro Timeframes

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Author:
eastmabl
ID:
305467
Filename:
MD Civ Pro Timeframes
Updated:
2015-07-23 00:34:40
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aa
Folders:
speed MD
Description:
fucking shit
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  1. Statute of Limitations
    • Three years from the date of accrual, except for:
    • (1) assault, libel, slander -– 1 year
    • (2) medical malpractice -– 3 years from discovery or 5 years from the commission of the act.
  2. Tolling for SOL
    Extended three years for minors who reach age of majority and incompetents whose disability is removed.
  3. Timing of Service
    • Summons must be served within 60 days of issuance.
    • After this time, a plaintiff may file a request in writing to renew the summons.
  4. Return of Process
    • An individual making service of process by delivery or mail must file proof of service with the court promptly.
    • Return of service must be filed with the court before any response is due.
  5. Answer in MD
    • Defendant has 30 days to serve an answer after receipt of the summons and complaint.
    • Defendant has 15 additional day to file an answer when it files a preliminary motion to dismiss, strike or more definite statement.
  6. Answer outside MD and inside US
    • Defendant has 60 days to serve an answer after receipt of the summons and complaint.
    • Defendant has 15 additional day to file an answer when it files a preliminary motion to dismiss, strike or more definite statement.
  7. Answer by state agency
    • Defendant has 60 days to serve an answer after receipt of the summons and complaint.
    • Defendant has 15 additional day to file an answer when it files a preliminary motion to dismiss, strike or more definite statement.
  8. Answer outside US
    • Defendant has 90 days to serve an answer after receipt of the summons and complaint.
    • Defendant has 15 additional day to file an answer when it files a preliminary motion to dismiss, strike or more definite statement.
  9. Request for Jury Trial
    If not made within 15 days after service of the last pleading filed by any party, the issue is waived.
  10. Cross-claims and Counterclaims
    Must be filed within 30 days after the time for filing the party’'s answer.
  11. Adding third party claims
    Third party claims can be made up to 10 days before the court date, or afterwards with plaintiff consent or court order.
  12. Amended Pleadings
    • By the date in the scheduling order, but not later than 30 days before the trial date.
    • Response due within 15 days of filing.
  13. Response to Party's Motions
    The opposing party is not required to respond to the motion, but it must be done within 15 days of service of the motion.
  14. Motions to Dismiss
    Must be made before the answer is filed or it is waived - except for MSJ.
  15. Amended complaints
    Amended complaints must be filed within 30 days of the complaint or by the leave of court.
  16. Motion for More Definite Statement
    15 days to comply with this motion if granted.
  17. Motion to Strike
    Filed with 15 days of service of pleading.
  18. Depositions
    • 10 days of notice of deposition.
    • A subpoena is required for a non-party.
  19. Interrogatories
    Response 30 days after service or 15 days after that party'’s initial pleading (whichever is later).
  20. Discovery and Inspection of Tangible Items and Documents
    A party must respond within 30 days of service or within 15 days after the initial pleading/motion is required.
  21. Admissions of Fact
    • One must respond within 30 days of service or 15 days of motion.
    • Failure to respond means that the matter is admitted.
  22. Prayer for Jury Trial
    Must be demanded within 15 days of last pleading filed by any party or waived.
  23. JNOV
    At the close of evidence, a party may move for a judgment notwithstanding the verdict.
  24. Renewed JNOV
    JNOV must be renewed within 10 days once the verdict is pronounced.
  25. Motion for a New Trial
    • Within 10 days after entry of judgment or 30 days of newly discovered evidence.
    • If renewed JNOV, 10 days from ruling.
  26. Motion to Alter or Amend
    Within 10 days of entry of judgment.
  27. Court's Revisory Power
    Within 30 days after entry of judgment
  28. Default
    • Time to answer: 30 days from service
    • Upon default, defendant is notified by the clerk.
    • Defendant has 30 days to file motion that there is an actual controversy or default judgment will be entered.
  29. Default Judgment
    Defendant can move within 30 days after the final entry of default judgment to reopen the case to challenge the amount of relief granted.
  30. Duration of money judgments
    Money judgments must be renewed every 12 years or they will expire.
  31. Appeals
    Must be filed within 30 days.
  32. Dismissal for lack of jurisdiction or prosecution
    • 120 days to obtain (1) service of defendant or (2) jurisdiction over defendant, or case may be dismissed.
    • If 1 year from last docket entry, a case may be dismissed (maybe not if family law).
  33. District Court - Response
    10 days from service
  34. District Court - Intention to Defend
    • 10 days from in-state service
    • 60 days from out of state service or on a designated agent.
  35. Local Government Torts Act
    • Plaintiff must notify the local government agency within 180 days of harm in order to bring suit. 
    • Notice must be in writing and state time, place and injury of the harm.

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