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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102350
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I would like to ask a question about amending pleadings, and

Customer Question

Hi I would like to ask a question about amending pleadings, and another question about Torts, and bad service at a court.
Submitted: 4 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What can you tell me about your situation?

Customer: replied 4 months ago.
I filed a complaint in the Small Claims court of Rockville Maryland. I am basically suing a court for a bad refferal to pro bono services.I wanted to amend my pleadings because they tried to dismiss it because they said that the summons did not arrive at the correct resident agent. I served them by a Sheriff who confirmed they received the summons on time and that they accepted.
Customer: replied 4 months ago.
I also wanted to know if I could remove some claims from my original pleadings.
Customer: replied 4 months ago.
Here I will send you what I wrote, but for personal reasons I want to be sure that this information will not be disclosed?
Expert:  Lucy, Esq. replied 4 months ago.

You can always remove claims from pleadings when you amend. If the proof of service wasn't filed with the court, you can file it now as a separate pleading. Service usually isn't discussed in the initial Complaint, because you have to file before you can serve. But you can file an Opposition to their motion.

Expert:  Lucy, Esq. replied 4 months ago.

After we're done talking and the question has received a positive rating, I can block the question for privacy so no one else can see it. At that point, I won't be able to respond on this page.

Customer: replied 4 months ago.
I have, but to make a point, the defendant did not serve me their motion to dismiss
Expert:  Lucy, Esq. replied 4 months ago.

They're allowed to serve it by putting it in the mail. When was it filed?

Customer: replied 4 months ago.
yeah my lawsuit is a bit controversial so I just want to be sure there will be no conflicts
Customer: replied 4 months ago.
Back in February 10th 2017.
Customer: replied 4 months ago.
The defendants we're served , defendants 1, 2 and 3 on march 2, march 2nd, and march the 6th
Expert:  Lucy, Esq. replied 4 months ago.

Then you should have received the motion by now. Has the judge scheduled a hearing or entered a ruling?

Customer: replied 4 months ago.
not the case is stalled because I filed a judgment by affidavit. The defendants responded after it , which was after 30 days I believe.
Customer: replied 4 months ago.
Here are my originial pleadings, just so you know, I filed motions to clarify the information in them, I did not amend my pleadings yet, but I have typed new ones I don't know if they will work.
Expert:  Lucy, Esq. replied 4 months ago.

If the case is stalled, you can't amend the original pleadings. The judge will probably give them a chance to defend, but they need to remove the default judgment first.

Customer: replied 4 months ago.
Well what I mean by being stalled, is that the judge has taken the case and all the motions to chambers, and they have been there for a while. I can't look at what is being filed, but the judge is taking longer to make rulings on all my motions filed.I don't know what that means.
Expert:  Lucy, Esq. replied 4 months ago.

Usually, if you've requested a judgment based on the fact that they haven't replied yet, and they enter a reply before the judge rules, then the request will be denied.

You can move to Amend while a Motion to Dismiss is pending, though. The judge will likely add it to the other motions being decided.

Customer: replied 4 months ago.
just so you know I am filing this lawsuit because there is a concern somewhere in here that deserves attention, and I need relief which is based on emotional needs, I don't know how to really argue that.
Expert:  Lucy, Esq. replied 4 months ago.

I don't understand. There's no legal right for adults to have emotional needs addressed.

Customer: replied 4 months ago.
it's been more than 14 days for all these motion to be viewed.Is there a way to use common law from england? The Maryland state constitution says that citizens are entitled to it?
Customer: replied 4 months ago.
The Ninth amendment says that rights not mention in the enumeration should not be disparaged.
Expert:  Lucy, Esq. replied 4 months ago.

Having read your complaint, I'm sorry, but this isn't something I can help you with. From your question, I thought you were asking about the procedure for amending pleadings. I'm going to opt out and open your question up to the other experts.

Good luck.

Customer: replied 4 months ago.
I used that Ninth amendment in some motions and my pleadings.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR.
You cannot amend a complaint once the opposing party has answered your complaint without 1) permission of the opposing party or 2) permission of the court. So, if the opposing party, even one of them, has answered the complaint, you need their consent or you need to ask the court for permission to amend and you would need to attach your proposed amendment to the motion for permission.
The court will not allow you to amend this until they have made a determination on all the pending motions.
Common law cases from England cannot be incorporated in your case unless they have been already acknowledged by the MD Supreme Court as well.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 4 months ago.
Ok can I know what was wrong with my original pleadings? I kind of had that already answered by the last attorney.
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

Your original pleading does not state a real legal cause of action under the MD laws, it is fairly general and does not describe any real legal causes that the court can grant you relief upon. You believe you have been wronged, but you do not give specific laws or legal remedies in your complaint and from me reading it I am not really seeing any legal claims or remedies provided under MD or Federal laws.

Customer: replied 4 months ago.
Give me an example please of a valid argument that could arise from anything in those pleadings? I had someone rewrite them but I don't know if they would be enough
Customer: replied 4 months ago.
I don't know if you guys are still on here but yeah I don't know if I mentioned that I added other motions to clarify my causes of actions, but I did not amend the pleadings yet.
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

The problem is none of those things in your claim are legal claims. You have a civil suit against the pharmacy, that is a separate suit. Your other issues about people not talking to you are not legal claims even under your first amendment rights. I am reading nothing in what you have typed that actually is a legal complaint.

Customer: replied 4 months ago.
Not even with state laws on rules?
Customer: replied 4 months ago.
On the amended pleadings, which I haven't filed yet, there is nothing either?
Customer: replied 4 months ago.
I inlcuded indicia or documents showing taxes paid, expenses, and other things
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

I see nothing in what you sent me to read that we could even manipulate or reword to fit into any actual civil claims I am sorry. You do mention you have other civil suits pending, so those would be the claims you should go focus on. However, the paying of taxes does not make you have a legal claim where you have no legal claims under the laws.

Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Both of your previous experts have opted out. I have opted in. If you still need help, I would be happy to discuss this with you. Please reply and let me know.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 4 months ago.
there were some questions regarding what to do about the resident agent on a claim I made that was not answered. The Defendant claims I did write and serve the right resident agent. I wanted to amend my pleadings and add the ''supposed' correct resident agent.I am saying ''supposed'' because the person who received the summons was served by a sheriff and accepted the summons on behalf of the defendant.Someone differently responded however, but the both work for the same defendant.
Expert:  Ely replied 4 months ago.

Okay. Now, let us start over. The above conversation(s) are a bit of a mess back and forth, so it is best to start with a clean slate. I do have your complaint - thank you.

Tell me in NUMERICAL ORDER - what are your questions and/or what you are attempting to achieve. Include any relevant background information. I simply want to get us on the same page. Thank you for your patience.

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