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Motion To Strike Guidance
Summary
In Maryland, to draft a Motion to Strike for late expert witness designation in a divorce/custody case, reference Maryland Rule 2-504(a) for scheduling order enforcement and Rule 2-433(a)(3) for sanctions on noncompliance. Include these rules in the motions title for specificity. Consult a local attorney for personalized advice.Full Conversation
I need to draft a Motion to Strike in a divorce/custody case. The Defendant submitted Designation of Expert Witness *) way past the deadline in the scheduling order (which was November 17th); *) without explanation as to why * weeks past due date; *) even after they filed to get out of the case. It's a prejudicial filing. in addition, I will let you know that the parties in the case are in serious discussions to settle the case, so this filing kind of goes behind the back of the Plaintiff's attorney, so sort of bad faith, if you know what I mean. Can you help with some sort of sample/outline to get me started?
Here's a basic outline to help you draft your Motion to Strike:
*. Caption:
- Include the court name, parties involved, and case number.
*. Title:
- "Motion to Strike Defendant's Designation of Expert Witness"
*. Introduction:
- Briefly state the purpose of the motion.
*. Background:
- Describe the timeline of events, including the scheduling order deadline and the late submission by the Defendant.
*. Argument:
- Noncompliance with Scheduling Order:
- Highlight the missed deadline and lack of explanation.
- Prejudicial Impact:
- Explain how the late filing affects the Plaintiff.
- Bad Faith:
- Mention ongoing settlement discussions and how this filing undermines them.
*. Conclusion:
- Request the court to strike the Defendant's designation of an expert witness.
*. Certificate of Service:
- Confirm that you've served the motion to all parties involved.
Make sure to tailor this outline with specific details from your case. It might also be helpful to consult a local attorney for a more personalized draft.
*. Caption:
- Include the court name, parties involved, and case number.
*. Title:
- "Motion to Strike Defendant's Designation of Expert Witness"
*. Introduction:
- Briefly state the purpose of the motion.
*. Background:
- Describe the timeline of events, including the scheduling order deadline and the late submission by the Defendant.
*. Argument:
- Noncompliance with Scheduling Order:
- Highlight the missed deadline and lack of explanation.
- Prejudicial Impact:
- Explain how the late filing affects the Plaintiff.
- Bad Faith:
- Mention ongoing settlement discussions and how this filing undermines them.
*. Conclusion:
- Request the court to strike the Defendant's designation of an expert witness.
*. Certificate of Service:
- Confirm that you've served the motion to all parties involved.
Make sure to tailor this outline with specific details from your case. It might also be helpful to consult a local attorney for a more personalized draft.
I was hoping you could do a real draft, not just an outline.
I can guide you in crafting a more detailed draft based on the outline provided. Here's a more structured approach:
---
[Caption]
*In the Circuit Court for [County], Maryland*
*Case No. [Case Number]*
[Title]
*Motion to Strike Defendant's Designation of Expert Witness*
[Introduction]
Plaintiff, [Your Name], respectfully submits this Motion to Strike the Defendant's Designation of Expert Witness due to non-compliance with the scheduling order and the prejudicial impact on ongoing settlement discussions.
[Background]
*. A scheduling order was issued on [Date], setting a deadline for expert designation on November 17th.
*. Defendant submitted their Designation of Expert Witness on [Late Submission Date], three weeks past the deadline, with no accompanying explanation.
*. This submission occurred after Defendant's representation filed to exit the case.
[Argument]
- Noncompliance with Scheduling Order:
The Defendant's submission violates the court's established timeline, providing no justification for the delay.
- Prejudicial Impact:
The late designation disrupts the Plaintiff's preparation and strategy, imposing an unfair disadvantage.
- Bad Faith:
Despite active settlement negotiations, this filing undermines trust and appears to be in bad faith.
[Conclusion]
Plaintiff requests the court to strike the Defendant's designation of an expert witness to maintain the integrity of the proceedings.
[Certificate of Service]
I hereby certify that a copy of this Motion to Strike has been served upon counsel for the Defendant on [Date].
---
Please ensure you fill in specific details and consult with a local attorney to refine and personalize this draft to your case.
---
[Caption]
*In the Circuit Court for [County], Maryland*
*Case No. [Case Number]*
[Title]
*Motion to Strike Defendant's Designation of Expert Witness*
[Introduction]
Plaintiff, [Your Name], respectfully submits this Motion to Strike the Defendant's Designation of Expert Witness due to non-compliance with the scheduling order and the prejudicial impact on ongoing settlement discussions.
[Background]
*. A scheduling order was issued on [Date], setting a deadline for expert designation on November 17th.
*. Defendant submitted their Designation of Expert Witness on [Late Submission Date], three weeks past the deadline, with no accompanying explanation.
*. This submission occurred after Defendant's representation filed to exit the case.
[Argument]
- Noncompliance with Scheduling Order:
The Defendant's submission violates the court's established timeline, providing no justification for the delay.
- Prejudicial Impact:
The late designation disrupts the Plaintiff's preparation and strategy, imposing an unfair disadvantage.
- Bad Faith:
Despite active settlement negotiations, this filing undermines trust and appears to be in bad faith.
[Conclusion]
Plaintiff requests the court to strike the Defendant's designation of an expert witness to maintain the integrity of the proceedings.
[Certificate of Service]
I hereby certify that a copy of this Motion to Strike has been served upon counsel for the Defendant on [Date].
---
Please ensure you fill in specific details and consult with a local attorney to refine and personalize this draft to your case.
Okay, that's a great starting point. Thank you.
I'm glad you found the draft helpful! If you need further assistance or have any questions about legal procedures in Maryland, feel free to ask. It's always a good idea to consult with a local attorney to ensure that your motion is tailored to the specifics of your case.
What Maryland Rules support this filing?
Case Rating: *
In Maryland, the relevant rules that might support a Motion to Strike for noncompliance with scheduling orders in a divorce/custody case include:
- Maryland Rule *-*: This rule addresses scheduling orders and the court's authority to control the proceedings, including deadlines for filing.
- Maryland Rule *-*: This rule provides sanctions for failure to comply with discovery orders, which can include striking parts of a pleading.
Would you like more specific guidance or assistance with another aspect of your case?
In Maryland, the relevant rules that might support a Motion to Strike for noncompliance with scheduling orders in a divorce/custody case include:
- Maryland Rule *-*: This rule addresses scheduling orders and the court's authority to control the proceedings, including deadlines for filing.
- Maryland Rule *-*: This rule provides sanctions for failure to comply with discovery orders, which can include striking parts of a pleading.
Would you like more specific guidance or assistance with another aspect of your case?
Yes. I want to list the rules as part of the heading of the filing, as in Pursuant to...
Case Rating: *
To incorporate the rules as part of the heading, you can structure it like this:
- Title: "Motion to Strike Defendant's Designation of Expert Witness Pursuant to Maryland Rules *-* and *-*"
Feel free to ask if you need further guidance!
To incorporate the rules as part of the heading, you can structure it like this:
- Title: "Motion to Strike Defendant's Designation of Expert Witness Pursuant to Maryland Rules *-* and *-*"
Feel free to ask if you need further guidance!
I was looking to be more specific as to exactly which part of each rule applies to the filing, not list the entire rule. Courts like specificity.
Case Rating: *
To be more specific, you can reference particular sections of the Maryland Rules:
- Maryland Rule *-*(a): This section allows the court to set and enforce deadlines in scheduling orders.
- Maryland Rule *-*(a)(*): This clause authorizes sanctions, including striking pleadings, for noncompliance with court orders.
If you need further assistance, feel free to ask!
To be more specific, you can reference particular sections of the Maryland Rules:
- Maryland Rule *-*(a): This section allows the court to set and enforce deadlines in scheduling orders.
- Maryland Rule *-*(a)(*): This clause authorizes sanctions, including striking pleadings, for noncompliance with court orders.
If you need further assistance, feel free to ask!
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