Maryland Civil Litigation Questions & Answers

Q: What's the easiest way to find EVERYONE charged with a specific crime in the state?

1 Answer | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Maryland on
Answered on Feb 2, 2019
Mark Oakley's answer
This data is gathered for the state. It’s used for all sorts of purposes. Budgets and resource allocation depend on it. Try calling the Administrative Office of the Courts in Annapolis for direction. The Maryland Sentencing Commission uses this info to update the Maryland Sentencing Guidelines. Each county State’s Attorney’s Office (and City of Baltimore) maintains statistical info on all crimes charged and their disposition. The criminal clerk’s offices of the District and Circuit...

Q: What statute gives states attorneys permission to NOT prosecute marijuana cases. Vacating cases. Whats the statute

1 Answer | Asked in Civil Litigation for Maryland on
Answered on Jan 31, 2019
Mark Oakley's answer
You are asking a mixed question. States Attorneys have prosecutorial discretion to discontinue a prosecution for any reason by entry of a nolle prosequi (Latin for intention not to prosecute). There is a procedural rule on this, as well as a body of case law. They are not required to do so, however. Vacating a case refers to a case that has already reached a final judgment--in the case of a criminal charge, that means a guilty finding and sentence. Only a judge can vacate a conviction, and...

Q: Is the law habitual beggar of Salisbury Maryland 21801 unconstitutional or constitutional ?

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Maryland on
Answered on Jan 31, 2019
Mark Oakley's answer
The test of constitutionality of anti-begging laws can be quite complex and very fact-based. Whether the particular law in question violates the First Amendment or other constitutional prohibition would require a detailed analysis which your post does not provide a sufficient basis to do. Many anti-begging laws have been upheld under Supreme Court precedent, while other have been struck down. If Maryland's appellate courts have not reviewed the particular law (or one just like it) in...

Q: Can a Lien be placed if insurance company paid for services. The only outstanding amount is the copay.

2 Answers | Asked in Civil Litigation and Real Estate Law for Maryland on
Answered on Dec 27, 2018
Richard Sternberg's answer
Liens can be complicated, and lay people often misunderstand them. If you are asking whether you can be obligated in a lien to pay a judgment or some other debt that authorizes a lien on something specific, the answer is yes. There is no way to evaluate whether a lien has been perfected from the information you provided.

Q: Are there specific types of car accidents that require expert testimony? What would be one of those situations where I'd

3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on
Answered on Dec 18, 2018
Mark Oakley's answer
Yes. It’s not common, but there are occasional scenarios where the cause of the accident is in dispute, and an accident reconstruction expert is used to examine the location and extent of damage to each vehicle, skid marks on the roadway, calculate speed of vehicles based on impact damage, sight lines on direction of travel to determine when it was first possible for one driver to see the other car in order the gauge available reaction time, etc. There are many other scenarios other than...

Q: Can attorney represent trust & mortgage servicer.Does servicer respond to summons or can trustee answer both summon com

3 Answers | Asked in Civil Litigation and Legal Malpractice for Maryland on
Answered on Dec 17, 2018
Richard Sternberg's answer
It depends on whether the defendants have a potential or actual conflict of interest, which most often arises if their positions are contradictory, such as where one of them wants you to lose and the other wants you to win or when one impleads for damages from the other for your claims. If you think you are going to take on U.S. Bank and Ocwen simultaneously pro se, you must be planning to lose, right? Do I guess correctly that this is a foreclosure defense, and both Ocwen and US Bank seek to...

Q: Is there discovery in every case?

2 Answers | Asked in Civil Litigation for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
No, discovery is not mandated. It is up to the litigants to request what discovery they desire/need, consistent with the Maryland Rules of Civil Procedure.

Q: How many questions can I put in interogatories? Is there a limit?

1 Answer | Asked in Civil Litigation for Maryland on
Answered on Nov 23, 2018
Mark Oakley's answer
If you’re in District Court, regular claim (not Small Claims under $5,000), you get 15. If Small Claims, there is no discovery, so none. If you’re in Circuit Court, you get 30, plus you can separately request any number of requests for production of documents by description, category or type.

Q: Can I file suit against the buyer's agent, buyer, and or buyer's lender of my home for breach of contract?

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and White Collar Crime for Maryland on
Answered on Nov 22, 2018
Mark Oakley's answer
You might have a basis to forfeit the buyer’s deposit based upon misrepresentation. The buyer beached the implied covenant of good faith dealing.

Q: what is the law if you brake property on the job from a outside vender

1 Answer | Asked in Civil Litigation for Maryland on
Answered on Oct 31, 2018
Ronald V. Miller Jr.'s answer
Your employer may also have responsibility for the damages. I just think we need to know more facts which might be why you have not gotten any responses.

Q: Can I just withdraw a lawsuit at any time if I feel like it?

2 Answers | Asked in Civil Litigation for Maryland on
Answered on Oct 31, 2018
Ronald V. Miller Jr.'s answer
It would be nice to have the context of the questions. But, generally, you can absolutely dismiss a case at any time. I would request a dismissal "without prejudice" if you may have any desire to revise the claim.

Q: Who's going to be responsible for the court and attorney costs in my business dispute?

2 Answers | Asked in Civil Litigation for Maryland on
Answered on Oct 19, 2018
Timothy Fizer's answer
You have not provided sufficient details to be able to provide a reliable response. If this dispute arose out a contractual relationship, the contract may provide an answer, or at least guidance. If you are represented, this question is best directed to your own lawyer, who should explain this to you.

Q: Question on if a divorce agreement can be changed 4 years later

1 Answer | Asked in Child Support, Civil Litigation, Divorce and Family Law for Maryland on
Answered on Sep 28, 2018
Elizabeth Pugliese's answer
Unfortunately no. Once a divorce is final, you cannot go back and ask for alimony or any property division. Only custody and child support are modifiable.

If everyone has been following the agreement for four years and receiving the benefits of it, the court is not going to throw it out -- short of proving fraud at the time of creation. Not being in the right emotional state is not fraud.

Q: Can I sue a private college for refusing to accept my straight-A student son?

1 Answer | Asked in Civil Litigation for Maryland on
Answered on Sep 16, 2018
Timothy Fizer's answer
You have not provided sufficient details to be able to obtain a reliable answer. The likely answer, however, is "no" All colleges use multiple criteria for accepting students, and grades are only part of the equation.

Q: I got into a car accident with someone who lives in Virginia. They want the court proceedings to take place there but

3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on
Answered on Sep 14, 2018
Mark Oakley's answer
Are you the one making the claim, or is the other driver? The proper venue is where the accident occurred. In almost all cases that is the jurisdiction suit must be filed in. A defendant can also be sued where they reside, but in an accident case you should stick to where the accident occurred. If you are the one suing, then beware: Virginia only has a 2 year statute of limitations, whereas Maryland is three years.

Q: How do i remove a suspension of my license from a judgment that was vacated

1 Answer | Asked in Traffic Tickets, Car Accidents, Civil Litigation and Small Claims for Maryland on
Answered on Sep 13, 2018
Eric Todd Kirk's answer
I would suggest you contact the MVA, show them your paperwork, and follow their direction to get your license reinstated.

http://www.mva.maryland.gov/about-mva/info/27200/27200-07T.htm

Q: qualify for a tenant pro bon can u refer senior disaility tenant to a few of them o law firm located Baltimore md

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Criminal Law for Maryland on
Answered on Aug 29, 2018
Cedulie Renee Laumann's answer
The Pro Bono Resource Center and American Bar Association have teemed up to offer a free legal answer resource at the following website:

https://maryland.freelegalanswers.org/

They may ask a few questions to see if you qualify - if you do, you can ask a volunteer attorney your question.

Additionally, Maryland offers a free "self help" legal clinic in certain District Court locations (such as Baltimore City and Glen Burnie, MD) where volunteers help people fill out...

Q: Is the statute of limitations to file a lawsuit the same across all states?

4 Answers | Asked in Personal Injury and Civil Litigation for Maryland on
Answered on Aug 23, 2018
John Mesirow's answer
NO!!! It varies from state to state, and the nature of the claim! Call a lawyer for more information.

Q: How do I file a motion or petition the court to order a stop garnishment from a creditor where I wasnt notified of trial

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Maryland on
Answered on Aug 14, 2018
Mark Oakley's answer
You may be too late to file a motion to vacate the judgment if you let a few months of wage garnishment pass before acting. There is a requirement that a party act diligently once they become aware to set aside a judgment that was entered without proper service. If you knew of the pending case before judgment was entered, then you probably are out of luck.

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