Stages of a Maryland Trial
Tools:
Litigation is a formal process that begins with a controversy between parties. Most all disputes are resolved without anything being filed; the disputants find some middle ground and live with it. Of the disputes that do end up being filed as cases, most do not go to trial because of the costs and risks; the parties find a way to resolve their differences before the trial. Eisen & Shapiro helps clients to attain cost-effective resolution of their disputes with others. For those involved in disputes, the following is a roadmap to the dispute resolution process through to trial.
1. Pre-filing Negotiation
-Statements of position
-Proposals to resolve the dispute
-Exploration of the box
-Thinking outside of the box for win-win resolutions
2. Choosing the forum
-State vs. Federal
-Power of the court to hear the case
-Jurisdiction over the parties
-Venue (convenience of location)
3. Preparing the Complaint
-A short plain statement of the facts entitling the pleader to relief
-Itemization of damages
-May be amended up to 15 days before trial
4. Serving the Defendant
-"Process," meaning the summons and the Complaint may be served:
personally, by an unaffiliated adult over 18;
personally by the sheriff;
by certified mail.
-A corporation is served through its registered agent or an officer.
5. Defendant’s Response
-Defendants may respond by preliminary motions and by an Answer
-Preliminary Motions: more definite statement, to strike, to dismiss
-Answer:
Must specifically and generally address allegations of Complaint
May include affirmative defenses
-Counterclaims are not required under Maryland pleading but are permitted. A counterclaim is like a complaint filed by the Defendant against the Plaintiff and requires the Plaintiff’s answer to it.
5. Discovery
-Intended to allow free exchange of information and avoid "trial by surprise.
-Scope of discovery is broader than scope of trial, and includes anything "reasonably calculated to lead to the discovery of admissible evidence."
-subject to relevance and privileges (spousal, attorney-client, doctor-patient, work product, anticipation of litigation, etc.) which can be realized through protective orders
-Methods of discovery: interrogatories, requests for documents, depositions, requests for admission
-Parties answering discovery are under a duty to supplement when they discover information provided is wrong or new information responsive to inquiry later comes into their possession.
6. Alternative Dispute Resolution (ADR)
-Courts favor methods of resolving the dispute that avoid trial and generally encourage parties to use one or more such methods, including settlement conferences, mediation and neutral evaluation by third parties.
7. Pre-Trial Motions
-Motion for default (when a Defendant fails to respond) and for involuntary dismissal for lack of prosecution (when a Plaintiff drops the ball).
-Summary judgment, which requires the court to assume that every genuinely contested material fact will be decided against the moving party and posits that the law applied to such facts nonetheless requires that the non-moving party is not entitled to relief.
8. Stages of the Trial
-Voir Dire (selecting the jury, assuming a jury trial)
-Plaintiff’s opening statement
-Defendant’s opening statement
-Plaintiff presents its case through testimony
-Defendant moves for judgment (required to preserve post-trial motions)
-Defendant presents its case through testimony
-Plaintiff moves for judgment
-Closing Arguments
-Jury Instructions (assuming a jury trial)
-Parties may offer verdict sheet for jury to complete in reaching verdict (up to judge)
-Jury deliberation and verdict (assuming a jury trial; if not the judge will "find facts")
-Entry of judgment by the court
-Post-trial motions
10028 Woodhill Road
Bethesda, MD 20817
PHONE: (301) 469-8590
FAX: (301) 469-8120
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