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 Ray Your Own Question
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42877
Experience:  30 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

Format to Objection to Motion

Customer Question

Format for Reply to Objection to Motion
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

You may want to just amend your original motion here if you feel they raised valid issues with your original motion.This would then be First Amended Motion to...

You really don't have to reply here to their Objection to Motion.It would really confuse the judge, instead I suggest you amend the motion if there was a legitimate issue raise in their objection.Otherwise if this is bogus the court will see that and grant your motion.Honestly it is not necessary here to file a reply, either you amend your original motion if there was say a pleading defect, the facts are inaccurate, or incomplete, etc .

The reason you cannot find such a form here is the better way is to amend your motion to address any defects or issues, rather than adding more paper with a reply.Just because they filed an objection doesn't mean you need to respond, their objections may not be valid here under the Maryalnd law and rules.

Expert:  Ray replied 1 year ago.

MD Rules, Rule 2-311

RULE 2-311. MOTIONS

Currentness

(a) Generally. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, and shall set forth the relief or order sought.

(b) Response. Except as otherwise provided in this section, a party against whom a motion is directed shall file any response within 15 days after being served with the motion, or within the time allowed for a party's original pleading pursuant to Rule 2-321(a), whichever is later. Unless the court orders otherwise, no response need be filed to a motion filed pursuant to Rule 1-204, 2-532, 2-533, or 2-534. If a party fails to file a response required by this section, the court may proceed to rule on the motion.

Cross reference: See Rule 1-203 concerning the computation of time.

(c) Statement of Grounds and Authorities; Exhibits. A written motion and a response to a motion shall state with particularity the grounds and the authorities in support of each ground. 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 2-303(d) or set forth as permitted by Rule 2-432(b).

(d) Affidavit. A motion or a response to a motion that is based on facts not contained in the record shall be supported by affidavit and accompanied by any papers on which it is based.

(e) Hearing--Motions for Judgment Notwithstanding the Verdict, for New Trial, or to Amend the Judgment. When a motion is filed pursuant to Rule 2-532, 2-533, or 2-534, the court shall determine in each case whether a hearing will be held, but it may not grant the motion without a hearing.

(f) Hearing--Other Motions. A party desiring a hearing on a motion, other than a motion filed pursuant to Rule 2-532, 2-533, or 2-534, shall request the hearing in the motion or response under the heading “Request for Hearing.” The title of the motion or response shall state that a hearing is requested. Except when a rule expressly provides for a hearing, the court shall determine in each case whether a hearing will be held, but the court may not render a decision that is dispositive of a claim or defense without a hearing if one was requested as provided in this section.

Source: This Rule is derived as follows:

Section (a) is derived from former Rule 321 a.

Section (b) is new.

Section (c) is derived from former Rule 319.

Section (d) is derived from former Rule 321 b.

Section (e) is derived from former Rule 321 d.

Section (f) is new but is derived in part from former Rule 321 d.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended March 22, 1991, eff. July 1, 1991; Oct. 31, 2002, eff. Jan. 1, 2003; Nov. 12, 2003, eff. Jan. 1, 2004; June 7, 2011, eff. July 1, 2011.]

MD Rules, Rule 2-311, MD R RCP CIR CT Rule 2-311

State court rules are current with amendments received through May 15, 2016.

As you can see there is just motion and response here, no need to do another reply, you may choose to amend your motion if you feel they raised a valid issue here such as incorrect or incomplete facts.You have burden here in your motion to address the facts and relief sought, if you have to amend it and address the issues in t he objection.This is the proper way to respond here under the rules.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 1 year ago.

Statement of Grounds and Authorities; Exhibits. A written motion and a response to a motion shall state with particularity the grounds and the authorities in support of each ground. 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 2-303(d) or set forth as permitted by Rule 2-432(b).

(d) Affidavit. A motion or a response to a motion that is based on facts not contained in the record shall be supported by affidavit and accompanied by any papers on which it is based.

Amend here if your original motion had defects raised by the response.You can seek to amend and correct your motion.Focus on that , this is what court looks at under the Rules above.

Thanks again.