What is the difference between Brief in Support of Motion to Amend Petition of Writ of Mandamus; For Joinder of Additional Defendant and Motion to Amend Petition of Writ of Mandamus; For Joinder of Additional Defendant. Must one be filed before the other?
Country relating to Question: United States
State (if USA): Maryland
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today.Each motion has two parts - the motion itself, and the brief in support of it. The Motion usually just says something like, "The Plaintiff hereby moves to amend her petition for Writ of Mandamus to join an additional defendant. In support thereof, the plaintiff respectfully XXXXX XXXXX court to Plaintiff's Brief in Support of Motion to Amend Petition for Writ of Mandamus for Joinder of Additional Defendant", attached hereto." The motion itself just says, "Here's what I want to do" and the Brief says, "this is why I want you to do it." The Motion is usually just one page, and the brief is going to be much longer, because that's where you give all the relevant facts, make your arguments, and cite the relevant authority.
Will a the submission of Brief in Support of Motion to Amend Petition of Writ of Mandamus; For Joinder of Additional Defendant alone add a defendant to the case? The judge dismissed my case for what I think may be a procedural error. I did not first File a Motion to Amend, as I thought the two were interchangeable, however the Court Clerk did add the defendant and sent the Writ of Summons for me to serve. I can't tell if there is a timing issue or a procedural error as the judge dismissed on April 20 and the Writ of Summons was issued on April 26th. How do you think I should correct this in my Motion to Reconsider?
No, it won't. If the motion is granted, then you have to actually submit an Amended Petition with the additional defendant on it. Usually, you attach that to the Motion also, so the judge can see exactly what amendment you're planning to make. Then, after it's filed, you need to get a summons and have it served on the new defendant.If it's already been denied, and you're asking the judge to reconsider, one argument that might help is that there is a public policy in favor of deciding cases on the merits, rather than on a procedural issue or a technicality. Then, you'll have to explain what went wrong and ask that he give you a chance to fix it.
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