maryland attorney who handle discovery cases

Are there any legal guidelines for conducting discovery in Maryland?

These Guidelines are not the law, but they contain the best practices for conducting discovery and for resolving common problems that occur during discovery. You should follow the Guidelines. Do not ignore discovery requests! The Maryland Rules require that you respond and work with the opposing party to meet all discovery deadlines.

What is discovery in a criminal case?

District Court v. Circuit Court What is Discovery? "Discovery" is a process you can use before your trial to find out information from another party. The purpose of discovery is to find out the information you need to prove your case or defend against the claims being made against you.

Why hire our Maryland accident attorneys?

Our Maryland accident attorneys know how to overcome the roadblocks these insurance companies throw up to give our clients the best chance of receiving the maximum possible recovery for their claim. The only thing insurance companies understand is strength.

When do you receive a discovery request in a lawsuit?

In most cases, you issue discovery and you receive discovery requests in the early stages of litigation. As a result, you may not know all the answers to your opponent’s questions, and you may not have all the documents necessary for answering the requests.

What are the three types of discovery?

That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.

How do you respond to discovery?

When you respond to a discovery request, you should make sure to do it within the timeframe listed in the discovery request or in the “scheduling order” if the judge issued one. In some cases, the judge will hold a court conference to establish a timeframe for discovery, motions, and the trial.

How do I get a motion of discovery?

How To Begin Discovery In Justice CourtStep 1: Prepare and exchange your initial disclosures. Within thirty days after the defendant files his answer, the plaintiff and defendant must exchange: ... Step 2: File the early case conference report. ... Step 3: Ask the court to allow more discovery if you want it.

When can you serve discovery in Maryland?

Answering Discovery 30 days after service of the request OR. 15 days after the date on which the party's initial pleading or motion is required.

How do you respond to discovery objections?

How to present a losing objection:Make it a lead-off “general objection.”Object to anything that is not relevant to the “subject matter” (no longer the standard) or not likely to lead to admissible evidence (no longer the standard).Don't say if anything is being withheld on the basis of the objection.More items...•

What happens if a motion to compel is ignored?

Once the court grants the motion to compel, the court will grant the other party a deadline before which the documents or information must be shared. If the person does not respect the order of the court, there may be severe consequences such as the dismissal of the other party's case or being in contempt of court.

What types of evidence can be legally obtained during the discovery process?

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and ...

What is the first step in the discovery process?

The first phase of the discovery process is the written discovery phase. During this phase, your attorney may send and receive requests to produce documents, requests for admissions of facts, and written interrogatories.

What is the discovery process?

Discovery is a required process in civil court proceedings. During discovery, you must provide the other side with any documents that are relevant to the case. It is important that all relevant documents are made available to both parties.

Can evidence be submitted after discovery?

After-discovered evidence, or newly discovered evidence, is evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial. After-discovered evidence is an issue predominantly in criminal proceedings and may be used as the basis for a motion for a new trial.

How many interrogatories does Maryland have?

thirty interrogatoriesMaryland Rule 2-421 - Interrogatories in Maryland Parties may serve thirty interrogatories to each other and typically have thirty days to respond in Maryland.

What is a certificate regarding discovery Maryland?

What is certificate regarding discovery? 1 attorney answer You may be referring to a "certificate of discovery" or a "Rule 5.2 Certificate". If so, this is a document filed with the clerk of court attesting to the fact that "discovery" has been served on the opposing side.

The Circuit Court Discovery Rules

There are detailed rules about discovery practice and procedure in Circuit Court. You can find them in Chapter 400 of Title 2 (link is external) of...

Maryland Discovery Guidelines

You should read the Maryland Discovery Guidelines (link is external). They are prepared by the Maryland State Bar Association. They are not the law...

What Information Is "discoverable"?

It is important to understand what information is "discoverable." If information is "discoverable," your opponent must share it with you if you ask...

Discovery "Devices" (or Types of Discovery)

Discovery "devices" are the different tools you can use to get information. The most common devices are oral depositions, written interrogatories,...

What is discovery in Maryland?

Discovery in a Maryland DUI case means that a prosecutor is required to turn over material information for the case. In Maryland, discovery rules require the prosecutor to turn over almost everything they have for the case. Usually, prosecutors will turn over everything they have.

What happens if a prosecutor does not present discovery?

If prosecutors do not present the discovery in a timely manner, they can face sanctions including the dismissal of charges. Maryland law enforcement is usually not a part of the discovery process. They present their findings to the prosecution. It is the prosecution’s responsibility to submit that discovery to the defense.

What is discoverable evidence?

Evidence that is discoverable includes police reports, information associated with evidence collected, testing of that evidence, background and conclusions of any expert witnesses, the expert witnesses’ qualifications, witness lists, witness statements, and everything that the state might use to try and prove their case. In addition, anything that they might use to present arguments that could be exculpatory to the defenses also to be turned over.

Can an attorney seek discovery?

An attorney can seek discovery from the prosecution and also conducts their own independent investigation for the case. The defense has subpoena powers in the same way as the state. If the defense believes they are entitled to information that the state did not produce or does not believe they are required to investigate, the attorney can put their own investigation together to get these materials.

What is Maryland Rule 3-522?

Under Maryland Rule 3-522, in "a contested trial, the judge, before or at the time judgment is entered, shall prepare and file or dictate into the record a brief statement of the reasons for the decision and the basis of determining any damages.".

Where are exhibit stickers located in Maryland?

Most courtrooms in the District Court of Maryland are equipped with exhibit stickers located at counsel table. It is always good practice to make sure your exhibits are pre-marked. With the volume of cases that are heard in the District Court, most judges want their dockets to move quickly and efficiently.

Is a trial memorandum advocacy?

Although the trial memorandum itself is not advocacy, it is likely that you will have the Court’s full attention to your argument having made an impression with your thorough preparation.

Does Maryland require an opinion of the value of personal property?

Ah, no. Maryland law contains no such requirement. An owner of personal property is competent to offer an opinion of the value of his own property. “It is well settled in this State that an owner of personal property in common use may express an opinion as to its value without qualification as an expert.”.

What did Baltimore criminal lawyers do before discovery?

Before formalized rules of discovery, prosecutors would regularly hand over important reports, statements, and documents that they intended to use in their case immediately prior to trial.

What is discovery in Maryland?

Discovery, in the civil context, is a process to determine what the other side knows about a particular subject and to uncover evidence in your case. For any Baltimore criminal lawyer, discovery is a tool to learn what ...

Why do you need a Baltimore criminal lawyer?

Certainly, there are a number of other reasons why you would want to hire a Baltimore Criminal lawyer with extensive knowledge of the rules of discovery, because the failure to demand proper disclosure from the State means you could miss some key piece of evidence that could make your case; or pointing out the failure could cause your case to be dismissed.

What are the rules for discovery in Baltimore?

Generally speaking, District Court rules for discovery (in Baltimore and statewide) are designed to be more information based upon the speed with which the courts try to resolve what are deemed “minor” criminal violations (although they are often anything but minor for those who are charged).

How long does it take to disclose a witness in a circuit court case?

For example, in District Court, witness for the defense do not need to be disclosed. In Circuit Court, Defense witnesses must be disclosed 30 days prior to trial.

What is discovery in custody?

Discovery is an opportunity for parties to a case to obtain information about each other, such as pay stubs to verify income in a child support case, or work schedules to verify a party’s availability to have visitation in a custody case. There are different forms of discovery requests, but the two common forms you will typically see in your case ...

What is the point of discovery?

One of the points of discovery is to encourage cases to settle. The idea is to make everyone lay their cards on the table. If everyone can see what cards the other side has you are more likely to be able to resolve the case without a trial. The opposing party will also have to respond the discovery request we send them.

How long does it take to get answers from a discovery?

Typically, your answers and documents are due within thirty (30) days after you are served with the discovery requests. Please note that your attorney will need to assemble and format the answers and documents that you provide, so please send your answers and documents to your attorney as soon as possible.

Do you have to answer the interrogatories?

You are required to answer the Interrogatories and produce the requested documents, unless the information requested does not apply to you, or you do not have access to such documents. The point of discovery it to make the parties disclose any evidence that they may want to present in Court.

How Annapolis Handles the Discovery Process

Annapolis handles the discovery process similarly to other courts in Maryland. A defense attorney usually simultaneously files a notice of appearance with the prosecution and a request for discovery.

Motion Hearing

A motion hearing is where defense lawyers argue to the court that specific information that the state intends to produce at trial is inappropriate to include at trial. Since DUIs are misdemeanors and are usually adjudicated in bench trials, judges will hear motions during the course of a trial.

Motion to Suppress

A motion to suppress is made by the defense attorney to keep evidence from being introduced to the finder of fact, whether that is a judge or a jury. In a DUI case, a very common piece of evidence that a defense attorney might try and suppress is a breathalyzer test result, which is usually the most damaging piece of evidence to a defense.

How to serve interrogatories in Maryland?

Service - A party may serve the other party with interrogatories by mailing them to the other party or by hand-delivery. In certain circumstances, service may be available electronically through the Maryland Electronic Courts (MDEC). Learn more about service of process.

What happens if the other party does not respond to interrogatories?

Compelling a Response - If the other party does not respond to interrogatories, the party who generated interrogatories may file , with the court, a motion to compel answers to interrogatories if the party to whom the interrogatories were sent fails or refuses to respond to the interrogatories within five days after service of the response.

How many interrogatories can a defendant send to another party?

District Court. Limits - You can send up to 15 interrogatories to another party in the lawsuit. If there is more than one defendant, the plaintiff may send 15 interrogatories to each defendant. Similarly, if there is more than one plaintiff, the defendant may send 15 interrogatories to each plaintiff.

Can you use interrogatories as evidence?

However, this information does not include privileged information. The answers to interrogatories may be used as evidence at trial or in a hearing by any party, if permitted by the court. Unlike depositions, which may be directed toward non-parties, interrogatories may only be served on parties to the lawsuit.

When you specify the records, must you do so with enough detail?

When you specify the records, you must do so with enough detail so that the party asking the question can find and identify the records that have the requested information as readily as you can.

Can a plaintiff send an interrogatories to the defendant?

For example, a plaintiff may send interrogatories to the defendant, and the defendant may send interrogatories to the plaintiff. Note there are limits on the number of interrogatories that may be sent to another party in the lawsuit. Sample Interrogatories - There are “Form Interrogatories” in the Appendix to the Maryland Rules, Volume 2.

Why hire a car accident lawyer in Maryland?

Hiring the Maryland car accident law firm is critical to the outcome of your case whether you settle out-of-court or go to trial. Our firm has an incredible history of success for our clients in settling and taking auto accident cases to trial.

What is the purpose of bringing an injury claim in Maryland?

The entire purpose of bringing an injury claim is to get compensation for the harm done to you. You wish the crash had never occurred. But now you also want to get as much compensation as the law will allow for the harms and losses you have suffered. This is what our Maryland accident lawyers will do for you.

What are the damages for an auto accident in Maryland?

Damages for an Auto Accident. Under Maryland auto tort law, a negligent driver who causes an accident can be held liable for all the harm caused by the accident. Injury victims in Maryland auto accident claims are entitled to recover damages for the following: Lost Income.

What is the Maryland tort law?

Under Maryland auto tort law, a negligent driver who causes an accident can be held liable for all the harm caused by the accident. Injury victims in Maryland auto accident claims are entitled to recover damages for the following:

What is the most important element of damages in any Maryland car accident?

But most important element of damages in any Maryland car accident is your pain and suffering. Because physical pain and emotional pain are the greatest harms to our clients. The insurance companies? Of course, the insurance company thinks the injured victim should get next to nothing, even in permanent damage cases. How do we make them bend to our way of thinking on the appropriate compensation? The answer is force and reputation.

Why is it important to get the best lawyer?

Getting the best possible lawyer is crucial if you want to get as much money as possible for your claim. Because there is a big difference between the settlement value of a case with a great attorney and the settlement value of that same case with an average attorney.

How long can you file a personal injury claim in Maryland?

This type of legal filing deadline is known as a statute of limitations. If the claim is not filed before the limitation deadline expires, the plaintiff losses the right to file. In Maryland, personal injury lawsuits are generally subject to a 3-year statute of limitations ( Md. Code Ann., Cts. & Jud. Proc. § 5-101 ).

Beginning of The Process

Seeking Discovery

Evidence

Request Process

• The request for discovery in a Maryland DUI case is given directly to the government. In fact, the court does not have a role in discovery unless the government is not compliant with discovery rules. The court can make determinations about the appropriate sanctions. An experienced DUI attorney always sends a copy of the requests for discovery to th...

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