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Question

I filed a motion pro se to change venue because my wife's attorney is married to a Md. Circuit Court Judge who ruled on parts of the case. Her attorney responded that my motion should be dismissed because I did not include ''a statement of grounds and authorities''    What are ''grounds and authorities? Where could I find them?

Submitted: 257 days ago.
Category: Legal
Value: $15
Status: CLOSED
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rockville, Maryland

Already Tried:
nothing

Posted by Benjamin M. Burt, Jr., Esq. 257 days ago.

Answer

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. This requirement is found in Maryland Rule of Civil Procedure 2-311(c): "A written motion and a response to a motion shall state with particularity the grounds and the authorities in support of each ground." A related provision is Maryland Rule of Civil Procedure 3-311(b): "A written motion and a response to a motion shall state with particularity the grounds. A party shall attach as an exhibit to a written motion or response any document that the party wishes the court to consider in ruling on the motion or response unless the document is adopted by reference as permitted by Rule 3-303 (d) or set forth as permitted by Rule 3-421 (g)."
  3. As a practical matter -- especially given these unusual circumstances -- I am afraid that you are in for an uphill battle here. Realistically, you should retain legal counsel. Drafting a proper statement of grounds and authorities to support a motion typically entails many hours of legal work, even by a skilled practitioner. It is certainly your right to proceed pro se, but as a self-represented litigant you are still held to the same standards (i.e. familiarity with the rules of pleading and procedure, adhering to the rules of court, etc.) as a licensed attorney. I wish that I had more encouraging news to share, and I hope that things work out appropriately for you in this matter.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

257 days ago.

Reply

WHere could I look for grounds and authorities. Isn't the U.S. Constitution right to a fair and eual trial enough? I know they don't like this when it paints a bad picture of a judge. What if I told the newspapers, would they fine me? My wife took 190,000.00 and left me with my 4 kids. I have no money to pay someone to research this. WIll they just dismiss it if I don't come up with grounds and authorities?

Posted by Benjamin M. Burt, Jr., Esq. 257 days ago.

Answer

Hello again and thanks for writing back. I will be glad to comment further.

 

Yes, unfortunately your motion will be dismissed if you are not able to timely supplement it with grounds and authorities. I can absolutely understand your frustration here, but the Constitutional right to fair trial is inapplicable in this situation. What is required is an argument based on controlling state statutes and cases. This relates to an entirely different matter, but just by way of example here is a fairly simple statement of grounds and authorities. If you are unable to afford counsel, which is certainly understandable, your best bet would be to make use of one of the the nearest Circuit Court Law Libraries. You can express your opinion to the media, but I would be cautious to avoid defamation as well as risking being sanctioned by the court for discussing a pending matter. I wish that things were more accessible, and I am sorry for sounding blunt or discouraging, but I have tried to paint an accurate picture of what you face in this situation without representation.

 

I hope this is of some more help and that everything gets resolved appropriately here.

 

Take care and thanks again for using JustAnswer®.

 

[Please click the "Accept" button. This is the only way I will get paid for my services.]

256 days and 13 hours ago.

Reply

Last night and this morning I tried to pay you. Every time I click "Accept" my computer just sits and "spins" and does not connect. I have been able to pay before but with this I'm not sure what to do. Any ideas? Also, what would you charge me to come up with the points and authorities that I asked about?

Posted by Benjamin M. Burt, Jr., Esq. 256 days and 5 hours ago.

Answer

Hi there and thanks for writing back,

 

I am very sorry to hear about the frustration over trying to submit payment. I appreciate your trying, and I apologize for the hassle.

 

I have contacted our moderators to let them know about that issue. I am also seeking their guidance on quoting a fee so I do not violate our terms of service. I will be back in touch with you just as soon as I hear from our moderators on this.

 

Thanks for bearing with me, and please feel free to write back any time as needed.

 

Take care and thanks again for using JustAnswer®.

Accepted Answer

Hello there,

 

I wanted to touch base and let you know that I have not heard back from our moderators, so I have sent a second request just now. If this is too long of a wait for you, I would certainly understand and would be glad to opt out (without charge) if you would prefer. Please just let me know your preference, and it has been a pleasure interacting with you thus far.

 

Take care, and again I appreciate your patience. Thanks for using JustAnswer®.

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Expert: Benjamin M. Burt, Jr., Esq.
Pos. Feedback: 99.4 %
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Answered: 3/14/2009

Lawyer (JD)

Relax. I can help. Licensed attorney 11 years. Experienced provider of online legal information.

254 days and 7 hours ago.

Reply

I don't mind paying for something I asked for, the system just won't respond so I can. In the past this has not been an issue.

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