How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27374
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I have a question regarding filing an amended answer. We are

Resolved Question:

I have a question regarding filing an amended answer. We are the Defendant. The plaintiff has filed a Motion to Strike the original answer. Do I need to file an opposition to this? Or let the court strike the original, and then file the mtion to Amend the Answer? How long does it take for them to reply about allowing us to refile the answer? (Anne Arundel County, MD). The original Motion to Alter or Amend was filed by the Plaintiff on Sept. 9 and we filed the Answer on Sept. 17.

I just want to know my best course of action at this point. MD rule 2-322 says that the court can strike the entire answer if they see fit, so we want to make sure we can resubmit the amended answer. Basically they are motioing to strike because we included an attachment with evidence that was not included in the original hearing. We just want to remove it.

Please help!
Shannon
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

File both.

Dwayne B. :

You are allowed to file both and it's always a better idea to do so even though it is redundant. In your Response to their Motion to Strike you can also suggest that rather than the court striking the entire answer a better solution would be for the court to simply strike the exhibit/attachment/evidence and not strike the answer.

Dwayne B. :

If you want to do some case law research there is probably some case law there that says completely striking an answer should be the last resort. That case law is usually found in regard to discovery issues but the concept is the same.

Dwayne B. :

If you have never done case law research and are unsure how to do so there is a good, inexpensive e-book on it at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/the-guerrilla-guide-to-legal-research-finding-the-law-for-non-lawyers/

Dwayne B. :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.

Customer:

I have prepared both and have done everything you have suggested already, so I think I feel better that your have reassured me that I am on the right track. Thank you. I wanted to make sure I could file both.

Dwayne B. :

Yes, you can always file "in the alternative" and when in doubt it is always better to do that.

Customer:

One more thing... I have this written in the Reponse to Motion to Strike:


"Plaintiff requested in the alternative that this Honorable Court set the above-captioned matter in for a Motions Hearing. The Defendant does not feel a Motions Hearing is necessary, as the Plaintiff and Defendant have been going through the court process for nearly one year already, and feels His Honor has already made the proper judgment in his original ruling."

Customer:

Is this appropriate?

Customer:

by the way this is all reagrding my fiance and his ex wife and a custody dispute

Dwayne B. :

You can put that in there if you want but there is really no reason to do so.

Customer:

Ok. I don't want to rub anyone the wrong way, but we also don't want to go back to court either

Dwayne B. :

You can put it in there if you'd like.

Customer:

Can we expect to hear an answer to the motion to amend our answer pretty quickly? We don't want our 30 day window to run out. I know that although the amended answer is going to be attached, that doesn't mean it is getting filed, and we will have to fil eit agai if it is granted.

Dwayne B. :

I would have no idea on that, it depends on the judge.

Customer:

Ok.

Customer:

I will be filing tomorrow so hopefully it will be a quick turnaround. Thank you for all of your help.

Dwayne B. :

You're very welcome and good luck to you!

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. :

I'll exit now to assist others.

Customer:

No problem! Thanks again!

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27374
Experience: Began practicing law in 1992
Dwayne B. and 8 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Dwayne B.
Dwayne B.
13289 Satisfied Customers
Began practicing law in 1992