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Maryland Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Maryland on
Q: Rule 10-104 district court of MD Serving the other party via email, is email good enough?

I submitted medical records and bills under rule 10-104, and other bills under rule 10-105. I submitted everything to the court more than 60 days prior to trial and sent to counsel for defendant as well more than 60 days before trial. The problem arises in that I sent it to counsel for defendant... Read more »

Mark Oakley
Mark Oakley answered on Feb 11, 2020

Email is only permitted for service when filing through the Maryland e-file portal. All Maryland courts except Baltimore City, Montgomery and Prince George's are currently subject to the e-file system (meaning, it is mandatory for lawyers to use it, but non-lawyers are not required to do so).... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Defending my right to say hearsay testimony about what the employees of defendants told me. Maryland district court

I’m representing my self in district court in Maryland , I sued my landlord for mold. I did opening statements and gave testimony. But when I wanted to say what the employees of the defendant told me or what the remediation guys told me it was objected. I defended saying that it is one of the... Read more »

Mark Oakley
Mark Oakley answered on Feb 11, 2020

In order to admit the statements of an employee of the defendant in the case as an admission against interest, you must first lay an evidentiary foundation for the admissibility of the statement. This requires that you first present evidence of (1) the identity (name) of the alleged employee; (2)... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Expert witn. in district court Maryland: How long before trial do I have to let defendants know about a new expert?

I started a trial representing my self and we ran out of time so we will continue in just 7 days. I was trying to enter a document but it was hard without expert, is it too late for me to bring an expert ? Also the defendant never gave me notice of his experts but I didn’t do discovery , do they... Read more »

Mark Oakley
Mark Oakley answered on Feb 11, 2020

You only have to answer interrogatories if they are served on you pursuant to the Rules, and if they asked about witnesses and experts, you need to provide the names and other information requested about them. If new information is learned after you provided your answers, it is your obligation to... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Maryland on
Q: Can I end my lease early due to harassment and threats from the property manager?

I have a two year lease and the property manager has taken a hostile manner to address issues. She has even threatened that if rules aren’t followed people can die and if I invite my boyfriend over she will call the cops and have him arrested for trespassing.

Richard Sternberg
Richard Sternberg answered on Feb 10, 2020

The landlord is required to give you quiet enjoyment of your leasehold, but you are required to comply with the terms of your lease. It might be wise to coordinate your strategy and fact-documenting with a lawyer, because a judge is not going to believe that you are getting out of the lease for a... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: I am looking to hire an attorney to help me with admission to Maryland Federal Court. I am admitted in NY Fed Court.
Joseph D. Allen
Joseph D. Allen answered on Jan 29, 2020

If you mean pro hac vice, that is simple enough. Regular admission requires some work by the sponsor if they don't know you:

Each applicant to the bar must be sponsored by an active member of this Court’s bar. The sponsor must know the applicant for at least one year. See Local Rule...
Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Hi I need a lawyer to contact me about advice on puppy lemon laws in Maryland!

Hi I'm looking for advice on lemon laws in Maryland. I bought a german shepard puppy on January 8th for 650$ from Oldtown, MD. Not 2 days after having the puppy she started passing full size worms and was seen and cured at the vet. 3 days later the worms came back and she had to be hospitalized for... Read more »

Mark Oakley
Mark Oakley answered on Jan 19, 2020

Worms are common with puppies, and with medication will likely all be gone by the time the dog is 6 month old. The medicine only kills live worms, not those embedded in their egg shells inside the puppy ‘s tissue, which are passed to the puppy in the womb by the mother dog. Therefore, if there... Read more »

2 Answers | Asked in Civil Litigation for Maryland on
Q: What is the statue of limitations in Maryland for an unrecorded deed

My father brought a house with his first wife, he divorced and married my mother, when he died his name and his first wife name was on the title. My mother brought his ex wife half. Now my mother has died and my father name is still on the house. I was told me his daughter had the same rights... Read more »

Mark Oakley
Mark Oakley answered on Dec 7, 2019

Your father’s half interest passes according to his will, or if none, then to his heirs at law. So, a lawyer would need to know if your dad had a Will, and what it says; or alternatively, whether you are your father’s sole biological child, or if you have siblings, all of whom are entitled to... Read more »

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1 Answer | Asked in Banking, Civil Litigation and Collections for Maryland on
Q: In Maryland our joint account was served with a writ of garnishment however only of of us is the judgment debtor.

Is it worth trying to get the frozen account taken care of through the collections/law firm or should I go to court and immediately file a motion to release? Does my wife have a case for damages as we cannot currently pay rent, insurance, food etc..

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

An online post cannot give a detailed answer on the best steps to take in a particular situation. The law offers some protection, but it is not automatic.

Generally speaking, if an account is owned as TENANTS BY THE ENTIRETY, in most situations a judgment creditor of only one spouse...
Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Maryland on
Q: Where can I find a lawyer that can assist me with writing a brie? I would like to know If I am able to sue?

Hello My name is Ms. Freeland, At the moment I am writing a letter to show cause of why my case should not be dismissed before 11-15-2019. My main concern is finding Assistant writing a brief by December 2, 2019. I am not looking for representation. My case is base on the CPS Indicated child abuse... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 17, 2019

Your question would best be handled by a family law practitioner in Maryland, but if you need a brief by December 2nd, time is of the essence. If you are seeking a brief writer, you could search online for legal brief writers. This is a very narrow area - there are attorneys who hold themselves out... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: MD Law CR 4-102. Would "possess" include a weapon locked in a container in your car in the parking lot?
Mark Oakley
Mark Oakley answered on Sep 24, 2019

A person may have actual or constructive possession. "Actual" means on your person or in a bag you are holding. "Constructive" means it is in such proximity that you have immediate access to it. Ordinarily anything in the passenger compartment of a vehicle is in the constructive possession of... Read more »

1 Answer | Asked in Employment Law and Civil Litigation for Maryland on
Q: How do I protect myself from being sued by company staff for recording scheduled meeting without permission? my rights?

I was not aware you could not record for meetings so you can capture meeting notes. not a fast note taker and it was illegal. I was fired for doing it.

Joseph D. Allen
Joseph D. Allen answered on Aug 16, 2019

Unless the staff has some cognizable injury from the recording (like by publishing scandalous parts online), it is not likely that you will be sued. But if you get a demand from an attorney, you should hire one yourself.

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for Maryland on
Q: A drum company has my drums and will not give them back. They will not answer my calls or emails. What can I do?

They say I owe them money but will not answer my emails for months. They are in another state entirely and all I want are my drums back. They actually owe me money for services not rendered but are saying I owe them for storage fees which were never discussed until I wanted to pull the plug on... Read more »

Joseph D. Allen
Joseph D. Allen answered on Aug 6, 2019

Your rights will be defined by what your agreement with the drum company was- plus equitable principles to fill in the gaps. You can hire an attorney to demand the return of the drums and/or work out a deal with the company- or you might be able to sue them.

1 Answer | Asked in Civil Litigation and Estate Planning for Maryland on
Q: Where does Maryland state that the trust schedule for an inter vivos trust must be filed when opening an estate.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2019

The question is unclear. Ordinarily there is no reporting of trust schedules with the probate estate filings.

Perhaps you are asking, however, about reporting trust assets transferring to people obligated to pay inheritance tax? Maryland law requires that an Information Report be filed...
Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: How can I get an attorney to accept my case and ask fir attorney fees

After beating an altunitive judgement. We went to a scheduling conference. The judge told the defendant. The USPS, it would be in their best intwrest to settle this case. My then attorney asked me to rais the amount. I did but whe. The opposing attorney asked the amount to come down. My attorney... Read more »

Bennett James Wills
Bennett James Wills answered on Jul 31, 2019

Your question is unclear. Your best bet is to keep calling around and interviewing attorneys until you can find one to take your case.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Maryland on
Q: If I was detained for 8 months for a crime I didn’t do, do I have a lawsuit chance?
Gary Kollin
Gary Kollin answered on Jul 30, 2019

Was there probable cause for your arrest? If so, regardless of outcome, you generally do not.

However, are you simply going to rely on an answer here?

Of course not. So why have you not been contacting attorneys directly?

1 Answer | Asked in Civil Litigation for Maryland on
Q: Does american law apply to maryland; does losing party pay?
Mark Oakley
Mark Oakley answered on Jul 24, 2019

You mean, the “American Rule”, which is not really an actual rule or law, but simply the common law concept that, in the absence of a statute or contract provision that provides otherwise, each party to a lawsuit pays their own fees. Yes, that is the “rule” in Maryland. There are some... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: My friends and I pulled into our hotel in ocean city Maryland, and without even having any of our alcohol in sight, a...

cop approached us as we were outside of the van, first asking how old we all were, and then claimed that she knows we have alcohol in the vehicle. She stated that we could make it easy and just get the alcohol out and dump it, or that they could take a different route. My friend driving the van is... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 12, 2019

The post states that the 6 underage people (all of whom were under 21 and some of whom were under 18) actually had alcohol, though seems to think there was "no possible way" an officer could have known. Perhaps this doesn't give the officer enough credit. The post does not seem to describe any... Read more »

1 Answer | Asked in Banking, Civil Litigation and Contracts for Maryland on
Q: if I use Maryland code § 11-504 regarding $6,000 exemption, can I file multiple objections if they file a 2nd garnishmen

I had a garnishment on a bank account and it was only $150.00 in it. I am filing an objection under the above code. If they file another garnishment on a separate bank account can I file another objection or is it a 1 and done objection?

Mark Oakley
Mark Oakley answered on Jul 9, 2019

Yes. You would have only used $150 of the exemption amount on the one account. Your exemption rights are static--they apply at any given snapshot in time to protect that amount of your assets, below which threshold creditors may not attach and seize, and above which they may. Where you have... Read more »

1 Answer | Asked in Banking, Civil Litigation, Contracts and Land Use & Zoning for Maryland on
Q: if i have a judgement for leaving a lease early, can they garnish my business accounts or just personal accounts?

I had to leave a lease early for medical and the landlord got a judgement for $10,000. they garnished a personal bank account but did not garnish my business account. I am filing an objection to MD code § 11-504 but am not due why they only tried for personal. an I object to the business... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Unless your business is a separate entity--like a corporation or LLC--and is on the written lease as a tenant the landlord cannot go after the business. However, if your business is merely a sole proprietorship (not incorporated) the business might be liable. In either event, do not raise issues... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: I am answering interrogatory questions in a Maryland small claims case. Do my answers need to be given under OAT

I am suing Panasonic Corp for a faulty battery charger that caused fire damage to my property. Their attorney has asked me to give my interrogatory answers under Oat.

What are my options?

Mark Oakley
Mark Oakley answered on Jun 26, 2019

If the claim is truly in the small claims range (not exceeding $5,000, exclusive if costs and attorneys fees), then there is NO DISCOVERY ALLOWED in a small claims action under the procedural rules. You do not have to answer, or, simply answer that pursuant to Maryland Rule 3-701(e), "No pretrial... Read more »

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