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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32566
Experience:  Began practicing law in 1992
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I have a question regarding filing an amended answer. We are

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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

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!

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