Out-of-state Attorneys' Examination Tabs For Courts And Judicial Proceedings Article Part I

1-101applicability of titles

1-321Photocopies of pleadings are possible, so long as the attorney retains the original. -- but not fax (d)

1-202defining individual under a disability under 1-202(l). See CJP 5-201

1-203rolling of dates – 3 more days for service of motions bymail

1-204enlargements of time. Doesn't apply to sentences under 4-344

1-351ex parte procedure

2-101Refiling if dismissed by other court. See 5-115

2-111Pre-filing, summons and

2-124who to serve – note that minors and guardians must be indiv. Srv (b). Local entity or chief exec. Served

2-122in rem service/quasi in rem – note 30 day period

2-132striking appearance, see RPC 1.16(c)

2-202minors suing and being sued

information report (with exceptions). Up to R. 114

1-313out of state attorney

2-115Pre-judgment remedies. See 1-351, CJP 3-302-5. levies and proceedings. Note: affidavit, and 3d-person claims See 3-302

and 3-303

1-321exceptions to service: default, request for process. See CJP 6305 (just passing throug), and 9-304 (just passing

2-121service on people(see CJP 6-103). Note fraud exception. 2-123 is who serves, & 2-124 is who is served. CJP 12-108. Applies to divorce –agents subject in same way – (m) – if

2-125Sunday service

2-126Return – see 2-121 and 2-122

2-131appearance. See 2132 (striking) and RPC. Entities must be represented by lawyer

2-211Civ joinder issues. See 2-231 (class action), 2-212 (permissive), 2213 (misjoinder)

2-213Misjoinder(and on judgment) -- can be argued at judgment, but subject to cure in 2-341

2-214intervention

2-241substitution for incompetent or dead – otherwise dismissal

2-321Answers – 30, 60, 90 – See 2-323 for content. Priv. Is aff. Def. -- default is R. 613. 15 delays after dispo of

2-327transfers between courts – and how to reverse them (i.e. counties) see CJP 6-201

2-404Pre-action perpetuation, and pending appeal

2-203capacity. See R. 15-1001 for wrongful death

2-322Mandatory v. Permissive motions (Per. J., venue under 6-201(a), 6-202 process). Priv. Is aff. Def. Failure to join is man. Improp svr is man. 30 days after srv. And before answer. 212, 123. But if not served prop, it never starts to run

2-304Sol time and place – should state in complaint. See CJP 5203 for fraud. See 5-115 for refiling

2-305Well-plead complaint – punitives must be plead

2-311motion response times (vary at beginning of case) – See 2-321, and 1-203 regarding time. Affidavit – 3 extra days

2-323Answer – note what needs to be plead and is mandatory (but wrong person is perm.). Some general denials

2-32412(b)(1), 12(b)(6) 56 not waived for joinder, imm, smj see 2211, 2-501

2-325demand for jury trial generally required <10k . See R. 2-511. See 2-326 Xfers from DC. See CJP 4-402.

2-341amended pleadings (15 dy) to correct cap. Prob

2-402discovery rights (exp. Stuff): own statements (e), work product, experts (f) – 402(d) prior statement

2-331Counterclaims – 15 says

2-332Impleader – see 32A-04 for med mal

2-411leave of court required for prisoners, multiple or long depositions. Must occur on or after pleading w/o

2-412notices of dep. And prod. Must state all that people want them to bring. See 413 for limits on where. Cert. Req. in

2-413place of depositions

2-415production of documents – only documents required by notice can be inspected, so merely looking

2-311motions in general. Hearing required on JMOL, JNOV, amend 532-4

2-326after transfers, answer must be filed

2-403protective order – requires certificate of good faith under 2-431

2-419use of dep.

2-613default in cc for failure to file

2-422inspection of property – 30/15 days

2-424requests for admission – specifics required -- remedy is expense

4-431certificate of good faith required in discovery disputes

4-432disco sanctions -can be filed in either court (e). See 4-433, 4. See 2-510(e)

2-503consolidation between courts and forum non. See CJP 6104

2-504.3procedure for computer-generated evid

2-505removal between courts and striking the order of remand

2-506voluntary dismissal

2-507dismissals for lack of prosecution of JURISIDCITION

2-510Civil subpoena – see R. 2-432 CJP 10-104 and (h) and 4-306. See CJP 6-305 (just passing throug), and 9-304 (just

2-517renewal of objections required – can make proffer. See p. 343 – in limine doesn't count (must be renewed)

2-519JMOL – requires renewal and particularity

2-520jury instruction objection. See CJP 8408-9 for objections

2-532JNOV – must be prior JMOL motion at close of evidence

2-533New Trial Motion – 10 days – can be made by JNOVed party. Generally not appealable

2-535revisory power – doesn't toll NOA time

2-536switching judges – civil

2-541Masters and review. See 2-542 examiners, 2-543 auditors. See 11-111(c), 9-207(d)

2-551en banc review – limits further review (deadline is tolled by motion to alter). NOA is 8-202 See CJP 12-301

2-601date of judgment – See R. 8-202 (notes), CJP 12-601. date of entry on docket is what matters, not recording for

2-512jury selection objection and see 2-520 for instructions. See CJP 8-408-9 for objections

2-534Alter or Amend Judgment -- see 2-535. Can be used by crim. Def – see also, 2-341 for curing misjoin.

2-501MSJ – see 1-202(b) (personal knowledge)

2-604interest. See CJP 11-106 and 11-107

2-611Confessed judgment – challenging (30 days after service, not entry)-- see CONSENT judgment 2-

2-613default judgment

2-614judgments offset and contribution

2-621judgments become liens. See CJP 11402(b), R. 2-649

2-632stay pending appeal – from either trial court or coa

2-633Discovery in aid of enforcement. Immunity under CJP 9-119, RPC 1.2(d)

2641execution/levy/sale/g arnishment

2-622transferring judgments

2-625SOL on judgment and renewing and 5102(a)(3)

2-626enforcement procedures

2-649charing order on partner. See 2-124(d) CJP 6-406. Service on one part. Is serv. On all

2-652attorneys lien – must turn over if time sens. or provide copies

3-115prejudgment attach. Special rule for out of state. Bond and affidvit 3-302, 303, 2115. Also mechani's lien

3-121DC service. See 3124 – who served. Can't serve at work. See 2121(a). See CJP 6-305 (just passing throug), and

3-131Non-individuals must be represented by lawyers

3-132striking appearance, see RPC 1.16(c)

3-303District Ct. uses forms instead of pleadings. See CJP 6202(iv) – continues as detinue

3-306DCT judgment on affidavit. Can ask for at time action is filed. Failures of notice of intention to defend

3-307Notice of intention to defend 15/60 days after service

3-308legal capacity demands for proof

3-311motions in District Court (including dismiss)

3-325Jury trial demands and striking them. Separate paper. See CJP 8-408-9 for objections

3-326(d)District Ct. uses forms instead of pleadings

3-331when cross-claims exceed jurisdictional amount

3-401discovery in Dct mainly interogatories – 15 days

3-431getting depositions in DC of 3d parties

3-611Confessed judgment – challenging - defenses, jry trial under CJP 4-402 (30 days after service, not entry)-- see

3-633Discovery in aid of enfrocement. Immunity under CJP 9-119, RPC 1.2(d)

6-141Decedent's proceedings -- Bad faith in decedent's proceedings

6-406actions by trade names -- see 6-406.1 unincorporated assoc. need lawyer under 2-131

7-104NOA is generally 30 days. See 8-202

7-105striking notices of appeal

7-208administrative appeals. See 7-206(d) for delays with transcript

7-111stay of enforcement – see 8-422 to 8-424. See R. 327

7-113records in appeals see 7-112

8-204leave to appeal to CSA 8-204-bail, postguilty, habeas, PLRA

9-202divorce service – just can't be a party. See CJP 6-201, 6-202(5), Signed pleadings requirement 1-202(9)

9-207exceptions hearing – 5 day requirement – see 2-541(h)(2) (xcript), 2-541(i) (de novo)

11-111Review of juv. Master

12-301Mechanic's lien

3-509default in cc

7-102CC appeals usually de novo, except over 5k injunctions relating to real prop, or crim dism. See R. 7-112 (charg.

3-510subpoenas in DC. See CJP 10-104 for medical records shortcut See CJP 6-305 (just passing throug), and 9-

7-103notices of appeal – when filed

8-202NOA to CSA – 30 days after judgment, new trial motion. EBR forefeits, but can be withdrawn.. Divests of

12-501Orphan's Court – can be appealed to either CSA or CC in 502 – see 6-111 for venue

15-1001Wrongful death claim. See CJP 3-901. other potential plaintiffs must be informed. Not personal rep. No P&S or

15-501injunction procedure, dissolving and bonding – possible in class actions

15-504TRO procedure and criteria.

15-701Mandamus – doesn't lie when other remedies are avil. See 7401-704-03

16-602IOLTA. See 1.15

16-604trust accounts see 16-603 and RPC. 16609 (checks to cash)