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07/01/99 MD 4-245 5-day Notice of prior convictions-before acceptance of plea

Rules
7/99 CJP 10- “Medical person” who did tests requires production requires 20 day notice
04(c)(IV)(I)

7/99 CJP 10- Lab reports inadmissible w/o “qualified medical person”, if demand made
304(c)(IV)(3)

7/99 CJP 10- testimony of technologist requires subpoena – 20 days

04(d)(2)(i)

7/99 CJP 10-1003(a) chemist report on controlled substance requires 5 day notice filed with clerk
7/99 MD 4-292(d) ? Nolo pleas, if agreed are not admissible in later proceedings
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7/99 MD 4-243(a)(1) plea agreements negotiated with sentences – requires submission to judge
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7/99 MD 4-340 reporting convictions to licensing agencies – check applicability date, number o
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7/99 MD 2-123(a) service on attorney persmissible
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7/99 MD 2-323 service by a party not permissible
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7/99 MD 2-121(a) service by mail, but be delivered to the person

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7/99 MD 2-321(b)(1) service outside state is 60 days

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7/99 MD 2-321(a),(3) initial response normally due within 30 days – unless out of state, but motions a
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7/99 MD 2-322 preliminary motions that are deemed to be waived

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7/99 MD 1-203(a) Rolling – mail service in © -- doesn't apply if period is under 7 days
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7/99 MD 2-124(d) service on general partnership by serving one partner and corporations by serv
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7/99 CJP 6-203 Venue,Land-where all or part of the land is located (but specific performance ha
7/99 CJP 6-406 service on general partnership by serving one partner

7/99 CJP 6-291 Venue,Land-where all or part of the land is located (but specific performance ha

7/99 MD 2-322(b) Filing by fax not allowed, but faxes can be filed if original retained
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7/99 MD 2-241 incompetent or dead people may be substituted, otherwise subject to dismisssa
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7/99 MD 2-517 motions in limine, required to be renewed at trial
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7/99 MD 2-519(a) motions for judgment grounds must be stated with particularity
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7/99 MD 2-520(e) objections to jury instructions must be stated with particularity
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7/99 MD 2-532 JNOV motions must be based on the grounds “stated in a proper motion for jud
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7/99 MD 5-533 Appeal – motions for new trial generally not appealable
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7/99 MD 5-533 motion for new trial-10 days after judgment; parties whose verdict has been set
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7/99 CJP 5-102(a)(3) Statute of limitations on judgments – 12 years

7/99 MD 2-625 renewal of judgment

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7/99 MD 2-124(b) minors and the guardians must be individually served

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7/99 MD 2-213 Misjoinder on judgments – can attack judgment by arguing misjoinder, but party
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7/99 RPC 3.1 Lawyer should not undertake friv. Rep.
7/98 MD 2-403 Protective Orders – good cause must be shown to delay
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7/98 MD 7-206(d) Delays in providing the record on appeal can only be excused by affidavits from
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7/98 MD 9-207(d) exceptions to master's report – due five days
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7/98 MD 1-203(c) service by mail of motions-three more days
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7/98 CJ 6-104 forum non?
7/98 MD 3-325 jury trial demand in District Court –if in exclusive jurisdiction, made on separate
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7/98 MD 2-322(a) person jurisdiction is a preliminary motion – filed 30/60 days after service
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7/98 MD 2-323(f) personal representative: this is a negative defense and plaintiff must sue perso
Rules court are appealable

7/98 MD 2-321(c) Answer – if a MTD was filed, the time for filing an answer is 15 days after the e
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7/98 MD 2-421(b) Interogatories are only due 15 days after the initial pleading (i.e. answer) is req
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7/98 MD 2-341(d) adding new parties can cure misnaming or lack of cap.
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7/98 MD 2-322(a)(2) MTD for venue, even if personal jurisdiciction
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7/98 CJ 6-201 venue is where business caried on

7/98 CJ 6-202(11) venue for out-of-state can be brought in any county

7/98 MD 2-323 affirmative defenses in failure to state a claim

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7/98 MD 4-261 Criminal Depositions (g) is protective oder. See 2-401(f), 2-414, 2-416, 2-417(b
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7/98 RPC 1.6 Confidentiality provisions w/ lawyer and when to withdraw
7/98 RPC 3.3 Duty of candor during criminal proceedings.. can disclose when necessary to a
Jan 07 MD 15-701 Mandamus doesn't lie when other relief available
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Jan 07 MD 2-121(a) Service must be at home or abode

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Jan 07 MD 2-124(l) Service of local entity against agent or chief executive

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Jan 07 RPC 1.5 reasonableness of fees
Jan 07 RPC 1.7 Conflicts – coparties might have different intrerests. Must inform the parties an
Jan 07 RPC 1.15 duty to put money in trust accounts until earned

Jan 07 RPC 1.16 IOLTA and property money left must be returned
Jan 07 RPC 1.13 must act w/ reasonable dilligence
Jan 07 RPC 1.14 Must respond to client's bequests
Jan 07 RPC 7.4 Advertising – can't advertise oneself as SM expert
Jan 07 MD 15-504 TROS – require affidavit from attorney, notice given and steps rigorously compl
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Jan 07 CJP 5-511 legislatures not subject to defamation actions. Must generally be final governm
Jan 07 CJP 4-401 In Landlord-tenant actions District Court for county where property us has exclu
Jan 07 CPC 10-105 Expungements – criteria which need to be satisifed
Jan 07 CPC 11-701 crimes of voilence – no pardons available
Jan 07 CPC 11-710 sex offenders must regisere within 7 days of change; but homless people migh
Jan 07 MD 4-216 Bond amount criteria, reduction under 3-311
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Jan 07 CJP 3-707 leave to appeal criminal orders from District Court
Jan 07 CJP 9-107 Defendants can't be compelled to offer testimony
Jan 07 CJP 9-105 Spousal priv. See 9-106 – prptects communications and doesn't matter if no lo
Jan 07 CJP 9-106 Marital Priv. See 9-105
Jan 07 CJP 9-101 Evidence generally admissible
Jan 07 CJP 9-111 priest's priv – can be waived by priest
Jan 07 RPC 1.1 Competence-includes being admitted where one will file, and proper service
Jan 07 RPC 1.3 Diligence-failing to serve is lack of dil.
Jan 07 RPC 1.4 Communication-must inform of attorneys involved
Jan 07 RPC 1.5 fee splitting. Must inform of fees of clients that are not in the same firm where c
Jan 07 RPC 5.5 unauthorized practice-even if in other state
Jan 07 RPC 8.4 misconduct that prejudices administration of justice or lying
Jul 06 MD 3-311 District Court MTD
Rules
Jul 06 CJP 3-403 Declaratory Judgments Actions can only be brought in Circuit Court. CJP 4-40
Jul 06 CJP 4-402 Declaratory Judgments Actions can only be brought in Circuit Court. CJP 3-40
Jul 06 CJP 3-405(b) Challenges to invalidity of statutes must make county a party and serve AG. Se
Jul 06 MD 16-701 Individual non-lawyers can't represent any kind of entity
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Jul 06 MD 2-322 Circuit Court MTD 30 days after service and before filing an answer under 2-32
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Jul 06 MD 2-121(a) MTD improper service is mandatory. See 2-121(a) and 2-123. Must be filed be
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Jul 06 MD 2-123 MTD improper service is mandatory. Can't use parties to serve See 2-121(a) a
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Jul 06 CJP 3-405(b),(c) MTD for serving wrong person is permissive
Jul 06 CJP 3-406 MTD for 12(b)(6) is permissive. 3-322(b)(2)
Jul 06 RPC 1.7 Conflicts – co parties might have different interests. Must inform the parties an
Jul 06 RPC 1.8(f) Advance payments by others
Jul 06 RPC 1.15 Commingling prohibited
Jul 06 RPC 1.8(g) disclosure required when negotiating plea agreements w/ one client but not oth
Jul 06 RPC 8.3 reporting attorney misconduct. However, exception for RPC 1.6 and CJP 9-108
Jul 06 CJP 9-108 Codification of atty-client priv
Jul 06 CPC 10-105(a) expungements – criteria which need to be satisifed. Crim 3-207
Jul 06 CPC 10-107 Compromise of criminal matters 3-207
Jul 06 CPC 10-105(d)(1) Expungements – procedure – 30 days to object see MD R 4-506
Jul 06 MD 4-506 Hearing on expungements. Expungement order under 508, and 4-509(a) final
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Jul 06 MD 4-508(b) Final order procedure
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Jul 06 CJ 12-308 Criminal notice of appeal. Procedures in Title VIII
Jul 06 MD 5-801 Hearsay: 5-801, 5-802 See CJP 10-204
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Jul 06 CJ 10-204 Hearsay statute. See 10-104 (medical records)
Jul 06 CJ 10-104 Hearsay exception for medical records
Jul 06 MD 5-803(6) Certified medical records admitted if kept in normal course of business
Rules
Jul 06 MD 5-609(b) Admission of prior conviction. Must be less than 15 years. Otherwise exceptio
Rules
Jul 06 CJP 9-104 Perjurors can't testify. Absolute bar for any perjuror testifying. Ever. No excep
Jul 06 RPC 8.5(a)(2) Jurisdiction of MD Bar counsel – extends to non-MD lawyers that do things in M
Jul 06 RPC 5.5(a) practicing law w/o a license. Includes exceptions
Jul 06 RPC 1.7(a)(1)(2) conflicts spring to life. Sometimes can be cured.
Jul 06 RPC 1.5 Fee agreements. Must be reasonable. Probably should be in writing
Jul 06 RPC 8.4 Catch-all ethical rules (misconduct; prejudicial to justice). See 8.5
Jul 05 MD 2-322(a) Mandatory motion to dismiss must be filed before answer
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Jul 05 MD 2-322(a) MTD/service is mandatory, but in theory if it is never served, the 30/60 days ne
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Jul 05 MD 2-121(a)(3) service must be made with person of age and discretion. Taping it to door not e
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Jul 05 MD 2-322(e) Motions to strike parts of complaint – seperate counts for each cause of action.
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Jul 05 CJP 4-401(1) Amount in controversy in Circuit Court. Claims can be aggegated. CJP 4-401(
Jul 05 CJP 4-402(d) Amount in controversy in Circuit Court. Claims can be aggegated. CJP 4-401(
Jul 05 CJP 4-405 Amount in controversy in Circuit Court. Claims can be aggegated. CJP 4-401(
Jul 05 CJP 9-116 “Dead Man's statute” -- opposing party can't testify as to what the dead person
Jul 05 CJP 5-102(a) Statute of limitations : notes under seal – 12, notes not under seal 5 years after
Jul 05 CJP 5-101 Statute of limitations : notes under seal – 12, notes not under seal 3 years after
Jul 05 RPC 1.6 Confidentiality provisions w/ lawyer and when to withdraw
Jul 05 RPC 1.8(f) Conflicts – it is okay for one person to pay the retainer of another if it really inur
Jul 05 RPC 1.15 Anti-comingling statute
Jul 05 RPC 8.4 Catch-all ethical rules (misconduct; prejudicial to justice). See 8.5
Jul 05 RPC 4.2(a) ex parte conduct prohibition
Jul 05 RPC 5.1 partners responsible for what other lawyers do. See MRPC 8.3(a) (reporting)
Jul 05 RPC 8.3(a) reporting attorney misconduct. However, exception for RPC 1.6 and CJP 9-108
Jul 05 RPC 8.4 covering things up is professional misconduct
Jul 05 RPC 8.4 conflicts between lawyers and clients might actually put them at averse interest
Jul 05 CJP 6-201 Venue-custody – in county where mother and child reside. 6-205(5)
Jul 05 CJP 9-201 Custody complaints require financial statments, and can be dismissed w/o them
Jul 05 CJP 9-202 Custody complaints require personally signed pleadings. Complaints are plead
Jul 05 MD 2-322 MTD/venue
Rules
Jul 05 CPC 6-220 PBJ
Jul 05 MD 4-435(b) reconsider sentence – 90 days after imposd, unless illegal, then no limit
Rules
Jul 05 MD 4-504 expungements – criteria which need to be satisifed – PBJ is one, but state can
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Jul 05 MD 10-105(a)(3) expungements – criteria which need to be satisifed – PBJ is one, but state can
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Jul 05 MD 4-505(d) Expungements – if the state doesn't file a response, it is automatic 4-505(d)
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Jul 05 MD 10-105(d)(2) Expungements – if the state doesn't file a response, it is automatic 4-505(d)
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Jul 05 MD 4-263(d)(1) Criminal physical testing – withing 15 days of appearance of counsel 4-213
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Jul 05 MD 4-233 joint trials in criminal. See 2-253(c)
 Rules
Jul 05 MD 4-254(b) death penalty venue – absolute right of removal to county designated by judge
Rules
Jul 05 RPC 1.8(c) conflicts w/r/t wills – can't prepare a will that gives the lawyer or child money. S
Jul 04 MD 2-131(a)(2) entities must be represented by counsel
Rules
Jul 04 RPC 1.7 adverse clients – rules for representing them
Jul 04 CJP 4-402 District Court doesn't have jurisdiction over equitable or injunctive relief. Must b
Jul 04 CJP 4-401 Circuit Court jurisdiction includes equity and delaratory judgmens
Jul 04 CJP 4-402 Small claims – no disco as of right; no jury trial
Jul 04 MD 4-402(e) Small claims – no disco as of right; no jury trial
Rules
Jul 04 MD 2-512 Preemptory strikes in civil. 5 plus one alternate
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Jul 04 MD 5-608 Admission of prior conviction. Must be less than 15 years. Otherwise exceptio
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Jul 04 MD 10-402 Wiretap evidence simply illegal. 10-405 – or is it 10-401 ?
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Jul 04 MD 10-405 Illegally obtained evidence inadmissible
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Jul 04 MD 8-202 Motions for new trial – filed 10 days after judgment – stay the time for filing a no
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Jul 04 MD 5-1002 Destroyed evidence. Copies can be used unless original destroyed in bad faith
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Jul 04 MD 5-1002 Appeals from District Ct. Over 2,500 requires that appeal be in District Court 7
Rules
Jul 04 CJP 4-401 Venue-personal – can bring suit in any county the defendant does business in,
Jul 04 CJP 4-402 District Court and circuit court concurrent jurisdiction. 4-401 and 4-402
Jul 04 CJP 5-105 SOL – assault. 5-105 – within one year – unless operating under a disability C
Jul 04 CJP 9-105 Marital Priv. See 9-105. Exceptions for staements that are destructive of marria
Jul 03 CJP 4-401 District Court AIC – 25k, exclusive of contractual interest, fees, and costs
Jul 03 CJP 3-302 “Attachment on Original Process” -- must show that there is evidence that he is
Jul 03 MD 3-115 “Attachment on Original Process” -- must show that there is evidence that he is
Rules
Jul 03 CJP 9-106 Spousal priv... applies in criminal case only
Jul 03 CJP 9-105 Marital Priv. Can't be forced to disclose confidential information received during
Jul 03 CJP 9-110 Account Priv. Only extends to information contained in books and records. Su
Jul 03 CJP 10-913 financial status irrelevant in personal injury cases until punitive damages phase
Jul 03 RPC 1.5(c) Contingency fee agreements must be in writing. Must specify how expenses a
Jul 03 RPC 1.15 IOLTA and property money must be deposited and what is left must be returned
Jul 03 CJP 5-304 Notice of claim against the government must be filed w/in 180 days of event.
Jul 03 MD 2-322 Venue must be made before filing an answer. See CJP 6-201 and 6-202. With
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Jul 03 MD 2-327 Forum Non – 2-327(c). Court would have discretion to grant such motions.
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Jul 03 MRE 5-607 can impeach own witness
Jul 03 MRE 5-613 witness can be questioned about prior inconsistent statement, but witness has
Jul 03 RPC 1.7 Actual conflicts requiring striking of appearance (i.e. where lawyer learns in con
Jul 03 MD 4-253 Motions to sever. 30 days from initial appearance of D or lawyer's appearance
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Jul 03 MD 4-253 Motions to sever – in bench trials there is discretion. In jury trials, The test app
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Jul 03 MD 5-404(b) Character generally not admissble, but exceptions in 5-609. Convictions must
 Rules
Jul 02 RPC 1.7 Conflicts – even if some contribution, there might be a conflcit
Jul 02 RPC 1.1 Competence – new attorneys can't do it alone
Jul 02 CJP 5-301 Notice of claim against the government must be filed w/in 180 days of event.
Jul 02 CJP 5-503 Local governments not liable for punitive damages
Jul 02 CJP 5-503 Local governments not liable for more than 200k per event or .5m total
Jul 02 CJP 5-321? respondeat superior – local government tort claims act – no immunity unless ac
Jul 02 MD 15-1001(d) Wrongful death complaints must state the relationships to decedent of pl
Rules
Jul 02 MD 1.5(a) reasonableness of fees
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Jul 02 MD 1.5(d) no contingent fees in criminal matters
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Jul 02 MD 4-213(a)(4) preliminary hearings in criminal matters – request must be made withing 10 day
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Jul 02 MD 4-216(e) bail reduction
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Jul 02 MD 6-305 service of subpoenas upon nonresidents in state. Can't be just present in the s
Rules
Jul 02 MD 9-109 therapist priv. Can quash based on this. See CJP 5-609
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Jul 02 CJP 5-609 therapist priv. -- no cause of action or disciplinary action for failing to war someo
Jul 02 CJP 5-203 concealment/fraud in coa – causes of action accrue when they are discovered
Jul 02 CJP 6-141 bad fairth with decdent's proceedings, notices of disallowance can be set aside
Jul 02 MD 15-504 dissolving injunction – requirement that underlying injunction be based on irrep
Rules
Jul 02 MD 15-502 injunctions only binding on people actually served or received actual notice. Ca
Rules
Jul 02 CJP 6-103 MD jurisdiction could be conferred by advertising in MD or contracting to supply
Jul 02 CJP 6-304 Service may occur outside the state if personal jursidiction is authorized by 6-1
Jul 02 CJP 6-202 Venue for out-of-staters. If defendant isn't domiciled in MD, suit can be brough
Jul 02 MD 4-401 AIC in circuit court – over $25k, exclusively in Circuit
Rules
Jul 02 MD 7-203(b) Judicial review of administrative decisions must be filed in 30 days. Filed pursu
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Jul 02 MD 7-208 Judicial review of administrative decisions I on the record, and no other materia
Rules
Jul 02 MD 2-402(a) relevant material subject to discovery
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Jul 01 MD 3-611 Confessed Judgments only become final 30 days after service, not entry
Rules
Jul 01 MD 3-611(f) criteria for confessed judgments include execution by buyer under retail sale co
Rules
Jul 01 MD 2-323(g) defenses to confessed judgments include fraud, durress and can be plead
Rules
Jul 01 CJP 4-402(e) jury trial available in district court for confessed judgment; unclear as to time; pr
Jul 01 RPC 1.2(d) Can't really help a client hide assets, and even if you could, it would be discove
Jul 01 CJP 9-304 service on non-resident not good if non-resident is in state just for testimony. 2
Jul 01 CJP 5-401 concurrent jurisdiction of Dct and cir between 2.5k and 25k and 4-402
Jul 01 CJP 4-402 jury trial available in Cir. If claim exceed 10k.
Jul 01 RPC 1.8(i) Spouse conflicts. Probably not too much of a problem if spouses are not direct
Jul 01 RPC 3.1 General denials possible – general denials are possible, even if a party just wa
Jul 01 MD 2-323(d) General denials possible – general denials are possible, even if a party just wa
Rules
Jul 01 RPC 5.2 subordinate lawyer liability – R. 5.2
Jul 01 MD 2-402(c) Interrogatories work product – a list of all witnesses is probably protected by wo
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Jul 01 MD 2-402 interogatories can only include prior-produced statements 2.402(d)
Rules
Jul 01 CJ 10-303(a)(2) breath tests – must be collected within 2 hours of being stopped
Jul 01 CJ 10-304(d) breath tests – must be done by qualified technician, not trooper, and can never
Jul 01 CJ 2-633 account Priv. Can piece with affidavit or proof of concealment see CJP 9-110(b
Jul 01 CJ 2-645(d) Garnishment – 2-645. Serve on officer under 2-124(c). can use interogratoies
Jul 01 CJ 2-604(b) Post-judgment interest 11-107(a) is at 10%/year from date judgment is entered
07/00 MD 2-305 Well-pleaded complaint rule on punitives. Must ask specifically for them. Scott
Rules
07/00 CJP 5-402 affirmative defenses includes privs
07/00 CJP 3-1301(c) shopkeeper's priv and 5-402
07/00 CJP 5-402 shopkeeper's priv and 3-1301(c) – must be mercahnt, with mercantile establish
07/00 MD 2-121(a)(2) personal service, can be at abode upon peson of age and discretion
Rules
07/00 MD 2-321(b)(1) out of state service gives 60 days to file answer
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07/00 MD 2-501 Summary judgment can be sought at any time prior to trial
Rules
07/00 CJP 5-605 Police immunity, but there must be a finding of reasonableness
07/00 CJP 6-103 Jurisdiction over foreigners that have contact w/ the state
07/00 CJP 5-501 General SOL is 3 years. 180 days for notice of claim. Longer for debts, and p
07/00 MD 2-236(b) after a notice of intent to defend and a jury trial demand, upon being transferred
Rules
07/00 MD 2-613 default for failure to file answer is 2-613
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07/00 MD 2-252(a) motions to suppress are mandatory , failing to file is waiver.
Rules
07/00 MD 2-252(c) motions to transfer to juvinile court are mandatory. Failing to fileis wiaver
Rules
07/00 RPC 1.2(d) prohibited from telling someone to testify falsely; , and can't let him 3.3 – but do
07/00 RPC 3.3(a) prohibited from telling someone to testify falsely; , and can't let him 3.3 – but do
07/00 RPC 1.6 fees paid by another – okay, so long as the client consents, there is no intefere
07/00 RPC 1.8(f) fees paid by another – okay, so long as the client consents, there is no intefere
07/00 MD 11-111(c) exceptions to master's report – due five days -- de novo hearing is held
Rules
02/99 MD 2-322 Motion to dismiss – failure to join
Rules
02/99 MD 3-405 Declaratory judgments questioning validity of statue need to include local gove
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02/99 MD 2-201 Joinder – ordering
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02/99 MD 4.2(a) ex parte conduct prohibition
Rules
02/99 MRE 803(b)(17) learned treatises -- read into record, but not exhibits
02/99 MRE 803(b)(8) government publications hearsay exception – must be some indication of legal
02/99 MD 4-243 judges not bound to accept plea agreements, unless they are
Rules
02/99 MD 4-271 speedy trial rule – 180 days after counsel appeared or defendant appeared bef
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02/99 MD 4-252(b) criminal motions – 30 days to make motion for severance
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02/99 MD 4-248 Stets – only the state's attorney can move to have the case stetted
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02/99 MD 8-301 Circuit court appeals 8-301 and 8-202
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02/99 MD 4-342(f) Sentencing – defendant may allocute and present mitigating evidence
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02/99 MD 3-361 change of judge – acceptable, if the judge thinks they can do it
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02/99 MD 8-202 appeal from Distict Court – NOA in 30 days
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02/99 RPC 3.5 only specific intent to influence a jury is forbidden
02/99 MD 9-202 service in divorces – as normal – and 2-123 provides that it can't be by a party
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02/99 MD 2-403 objections to depositions require certificate
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02/99 MD 2-411 Deposition must be on or after the date a pleading is due
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02/99 MD 2-413(b) Depositions must be in county where deponent resides or does business
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02/99 MD 2-541(d) domestic relations matters referrals – 2-541(b) refers to 9-207(a)(1)
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02/99 MD 9-207(f) review of master's decision 9-207(d)
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02/99 MD 9-207 exceptions hearing procedure 1) file motion in 5 days under 9-207(c); 2) transs
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02/99 MD 5-613 prior inconsent statements – can't be about collateral matters – 5-613 – must b
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02/99 MRE 5-802.1 prior witness statement; present sense impression; past recollection recorded
02/08 MD 4-101 Police officers can only charge for some things via citation (theft under, disturbi
Rules
02/08 MD 4-103 preliminary hearings in criminal matters – request must be made withing 10 day
Rules
02/08 CJP 3-304 Notice of claim against the government must be filed w/in 180 days of event. --
02/08 CJP 5-105 statute of limitations on assault claims one year
02/08 CJP 5-501 statute of limitations on defamation – one year
02/08 CJP 10-101 Wiretap evidence simply illegal. 10-405 – as are testimony about them. CJP 1
02/08 CJP 5-613 impeachment by prior recorded statement – can be impeached by statement, b
02/08 CJP 5-608 prior bad acts – exception to 5-404 – must be some establishment of factual ba
02/08 RPC 3.3(a) Candor issues: can inform court ex parte of specifically false testimony in colla
02/08 MD 2-652(a) turning over file. Lawyers maintain a “common law lien over client's file. But, if
Rules
02/08 RPC 1.5(c) Contingency fee agreements must be in writing. But lawyers CAN be entitled t
02/07 MRE 5-706 impeachment of own witness now allowed and abrogated
02/07 MRE 5-613 prior inconsent statements – can't be about collateral matters – 5-613 – must b
whom the statement was made must be disclosed. Essentially can't introduce
02/07 MRE 803(b)(6) cop reports: usually not business records, nor are they government reports. Ch
02/07 RPC 1.5(a) reasonableness of fees –lawyers stake should never exceed client's
02/07 RPC 1.5(c) contingency fee agreements must be in writing. But lawyers CAN be entitled to
02/07 RPC 1.15(c) IOLTA – default rule is that money is placed in trust account, unless client gives
02/07 CJP 6-201 if multiple defendants, venue is where any of them engage in a regular busines
02/07 CJP 2-601(a) if multiple defendants, venue is where any of them engage in a regular busines
02/07 CJP 2-322 if multiple defendants, venue is where any of them engage in a regular busines
02/07 MD 2-403(a) protective orders – must file certificate uder 2-431
Rules
02/07 MD 9-109(b),(d) psychaitrist priv. Can be waived if mental state an issue. But fairly broad
Rules
02/07 CJP 9-105 spousal priv... applies in criminal case only – this doesn't render one spouse inc
02/07 CJP 12-301 summary judgment appeals – summary judgment as to some parties, but not a
02/07 CJP 12-303 interlocutory appeal rules
02/07 MD 2-602(b) partial summary judgment. The court can and must enter partial summary judg
Rules
02/07 RPC 1.5(a) Commingling prohibited.. see also MD Rules 16-603 (trust accounts), 16-604 (f
02/07 CJP 16-604 trust account 16-603
02/06 MD 2-412(c) Depositions and productions of documents. Unless specific subpoena, docume
Rules
02/06 MD 2-412(c) Production of documents
Rules
02/06 MD 5-612 impeachment and refreshment of memory – documetns then can be inspected
Rules
02/06 CJP 9-107 work product and atty-client priv – dovetails with 2-402(e) – work product can b
02/06 MD 2-241 formal requests for production – see also 2-432(b)(e)
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02/06 MD 2-402(a), © discovery of expert materials – must either be expert report, or material used to
Rules
02/06 MD 2-415 inspection of things produced by deponents
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02/06 MD 4-311(b)(2) Jury trial prayers – when the case goes to Circuit Court, District Court pretrial p
Rules
02/06 MD 4-252(d) motions challenging jurisdiction are never mandatory and can be made at any t
Rules
02/06 MD 4-252(d) Jurisdiction/criminal by state. Cime must be in MD, or intent must exist to do cr
Rules
02/06 CJP 6-103(4) jurisdiction over corporations.
02/06 CJP 5-115(b) refiling after dismissal in other state but only w/ product liability cases– have 30
02/06 RPC 7.1 Misleading ads – can't create expectations
02/06 RPC 7.2 ads require the name of one lawyer responsible for ads
02/06 RPC 7.2 ads that talk about “no fee” require disclosure of who covers expenses
02/06 RPC 7.3 Anti-ambulance chasing rule
02/06 MD 16-109 uses of trust fund – can't use funds to pay other clients, or write checks to bear
Rules
02/06 MD 6-103 Agents – agents are subject to service in the same way that principals are
Rules
02/06 MD 6-103 service issues
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02/06 MD 3-431 depositions of non-parties in District Court
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02/06 MD 3-431 district court interrogatories – if served w/ coplaint, due 15 days after service, o
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02/06 MD 12-601 Replevin – District Court has exclusive jurisdiction – 6-202(iv) (venue) and 6-20
Rules
02/06 MD 4-401(i) AIC in circuit court – over $25k, exclusively in Circuit – if above the clerk must f
Rules
02/06 MD 5-404(b) MIMIC rule
Rules
02/06 MD 5-802.1 prompt complains of sexual assault 5-802.1(d) and or consistant statemnt (b)
Rules
02/05 MD 2-231(a) class actions – in circuit ct. -- CJP 4-402 permits aggregation of claims in class
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02/05 CJP 4-402(d) AIC – if over 5k w/o interest and fees, can file in either court – so concurrent jur
02/05 CJP 10-104 Medical records in District Court 10-104, 10-105 see 3-510 -- allows authentica
02/05 MD 3-510 Medical records in District Court 10-104, 10-105 see 3-510
Rules
02/04 MD 3-121(f) substitute service for nail and mail – can still be proper service if return not time
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02/04 MD 3-126(g) still proper service if return not timely filed
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02/04 CJ 401(l) Under 10k, District Court has exclusive jurisdiction
02/04 MD 3-325(c) jury trial prayer demand striking – can be done by District Court before record f
Rules
02/04 CJ 4-402(e) jury trial threshold
02/04 MD 3-421 protective orders – must file certificate uder 2-431 – can be based on timing, bu
Rules
02/04 MD 5-802 Newspaper example (relevance, hearsay, authentication under 5-902(b))
Rules
02/04 CJ 12-401 appeals to circuit court on district court record 7-101, etc.
02/04 CJ 11-106 postjudgement max interest rates 11-106, 11-107, 12-401, 7-102 -- 10%
02/04 MD 3-632(b) execution can commence 10 days after judgment unless alternative security file
Rules
02/04 MD 2-551 Criminal sentences en banc review of criminal sentences – 4-352 and 2-551
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02/04 MD 12-308 certification to CSA – see 12-307
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02/04 RPC 1.7 conflicts of interets can be cured with informed consent
02/04 RPC 3.3(a) and Candor issues: can inform court ex parte of specifically false testimony in colla
1.6
02/04 CJP 16-601 reasonableness of fees, 16-607, RPC 1.15
02/04 CJP 8.1 disclosure to bar counsel – and CTA requires cooperation
02/04 CJP 12-301 Mechanic's liens
02/04 MD 2-124(m) service on department of taxation if there is no resident agent
Rules
02/04 MD 2-121(a) service by restricted mail – generally less likely to be reasonably calculated so,
Rules
03/05 MD 2-322 Motions to dismiss for lack of personal jurisdiction and venue are mandatory an
Rules
03/05 MD 2-311(d) Motions to dismiss for lack of personal jurisdiction and venue are mandatory an
Rules
03/05 CJP 10-504 Notice of foreign law – must give notice separately or as part of pleadings
03/05 MD 32-327(b) transfers to correct county. See CJ-6-201
Rules
03/05 MD 2-323(h) “Attachment on Original Process” -- must show that there is evidence that he is
Rules
03/05 MD 2-421 Interrogatories “ a party may serve one or more sets of Interrogatories having a
Rules than thirty Interrogatories to be answered by the same party. But capacity matt
03/05 CJ 12-501 Orphans courts. 501 allows appeal to CSA, 502 to Circuit Court
03/05 MD 6-111 Orphans Courts venue
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03/05 MD 2-412(c) Foreign depositions and see 2-414
Rules
03/05 MD 2-432 Interrogatories – compelling – if no answer, there can be immediate sanction an
Rules
03/05 MD 2-601(a) judgment date—date of entry of notation of judgment onto docket: 2-601(a), R
Rules
03/05 CJP 6-401 defamation abates upon death of pl
03/05 CJP 6-401 personal representative – generally a PR can carry out a suit and it survives de
03/05 CJP 5-201 tolling for disability
03/05 Wrongful death: 3 years from date of death; brought by spouses, not personal r
03/05 MD 7-207 administrative appeals – generally a memorandum must be filed w/in 30 days,
Rules