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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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The definition Motion Definite Statement is A Motion

Customer Question

The definition for A Motion for More Definite Statement is
A Motion for More Definite Statement is a motion that requests the court to order the other party to clarify its statements or allegations. Such motions are made because the claims made are so vague or ambiguous that the party making the motion cannot reasonably frame a response. It is the discretion of the court to grant or deny a motion for more definite statement. The presiding judge will grant the motion if it has legal merits, and strike it from the record if it lacks merit.
I am suing an attorney for Legal Malpractice he violated a number of rules and ethics violations
Md Rule 8.4
rule 1.2 of ethics
How could the motion be so vague he is an attorney
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with well over a decade of litigation experience. It is a pleasure to assist you today.

To make sure that I understand what you are looking for here, I need a little more information if you don't mind.

What was the vague statement that the attorney has made and what question or interrogatory was it made in reference to?

Also, understand, the lawyer may be making a vague statement so as not to admit to what you have accused him of in the first place. It may well be an effort to avoid a really good question on your part. In that instance, a motion for a motion definite statement, or a motion for contempt, may be warranted from you towards the attorney.

I will wait for you answer and look forward to assisting you with this important issue.

Customer: replied 1 year ago.
This is the motion that was submitted regarding the lawsuit against the attorney I am confused how any attorney can say they do not understand and that they are ambiguous
Come Now the Plaintiff MSG, Pro Se and sues the defendant and in support thereof states as follows:1) The plaintiff, MSG was the actual party who had authority, to resolve the claim of his mother Libby Gordon which is referenced in the notarized statements in the Case No. documents.(A1-A11)2) The underlining claim involved Nursing Home negligence in the care and treatment of Mrs. Libby Gordon (mother),3) Mr. MSG contacted the State of Maryland Department of Health and Mental Hygiene. The State of Maryland conducted an investigation of Kessler Rehabilitation Facility and determined that said rehabilitation facility was negligent in their operation and management of Mrs. Gordon’s condition. (See attached letter referenced as exhibit A, case NO MDVS7D). Kessler Rehabilitation accepted the findings by agreeing to make all the necessary changes requested by the State.(C1-C8)4) Defendant was aware of this fact and did not address this during his representation. (The report is made public only the patients name is ***** *****).5) That the original pleadings where deficient as they did not contain any specific information as to the parties that were negligent in the care and treatment of Mrs. Gordon.6) That Medicare paid in excess of $350,000 for the care and treatment of Mrs. Gordon.7) That the defendant, did not review or amend these pleadings. D1-E1)8) That the defendant, did not contact Medicare for over 18 months nor make any investigation of their statutory lien.9) Mr. Gordon contacted Medicare (see email-B1) and forwarded the email to defendant. That defendant attempted to force Mr. Gordon to settle without disclosing what the potential liability the estate would have to pay Medicare is grossly negligent10) The defendant, attended a mediation conference and proceeded to act without actual authority and in direct violation of the plaintiff’s directives.(A1-A11))My guess that the Judge may be corrupt
Expert:  Delta-Lawyer replied 1 year ago.

I am sorry I am unable to take a call. However, I can continue to answer your questions in this format. Based on what you have presented here, there is nothing ambiguous about the pleadings. The attorney is accused of not fulling his job duties...pure and simple. I think that the judge may be corrupt.

You can play the game and attempt to be more specific. Or, you can file a counter motion in which you claim that the defendant is in contempt for failing to answer your suit. You could also file a motion to compel the answer of the defendant. To that end, you could combine the motions, into a motion defined as a "motion to compel, or in the alternative, a motion for contempt".

If the judge is unwilling to relent and do what is correct, you can appeal this particular component of the judge's actions and ruling relative to this specific issue with a Writ of Certiorari. The specific issue of the Motion for a More Definite statement can be reviewed by a higher appellate court and a decision rendered in your favor forcing the trial court to act according to your wishes.

Let me know if that helps and what other questions you may have. I want you to be as comfortable as possible with this issue.

Please also rate my work positively. Thanks

Expert:  Delta-Lawyer replied 1 year ago.

Excuse me...looking over my answer, replace the writ of certiorari language with interlocutory appeal. My apologies. My mind got ahead of my fingers. Thanks

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any additional questions or comments? Just want to make sure you are as comfortable as possible as you move forward. Thanks