Motion Templates For Maryland

Summary

Drafting a motion for postponement in a Maryland tort case involves stating the reason for the delay, efforts to resolve scheduling issues, and proposing a new trial date. A motion for discovery for interrogatories requires the defendant to answer questions relevant to the case. Interrogatories can include details about the incident, injuries, medical treatments, and any damages claimed. Additional interrogatories may cover discussions about the incident, evidence like photos or videos, expert witnesses, long-term effects of injuries, and non-economic damages.

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draft a motion of discovery for interrogatories in a Maryland tort case
Sure, here's a general template for a motion for discovery for interrogatories in a Maryland tort case:
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IN THE CIRCUIT COURT FOR [COUNTY], MARYLAND
[Your Name], Plaintiff
v.
[Defendant’s Name], Defendant
Case No. [Your Case Number]
MOTION FOR DISCOVERY FOR INTERROGATORIES
Plaintiff, [Your Name], respectfully requests the Court to compel Defendant, [Defendant’s Name], to answer the attached interrogatories, and in support thereof states as follows:
*. Introduction: Plaintiff is involved in a tort case against Defendant, [Defendant’s Name], and seeks discovery to obtain essential information relevant to the case.

*. Interrogatories: Plaintiff has prepared a set of interrogatories, which are attached hereto as Exhibit A, and requests that Defendant be ordered to respond to each question fully and truthfully.
*. Relevance: The information sought through these interrogatories is relevant and necessary for the preparation of Plaintiff’s case and will assist in the fair adjudication of this matter.
*. Efforts to Obtain Information: Plaintiff has made prior effortsto obtain this information through informal means, but Defendant has not provided the necessary responses.
*. No Prejudice to Defendant: Compelling responses to these interrogatories will not prejudice the Defendant but will ensure a just and complete presentation of the case.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court compel Defendant to answer the attached interrogatories within a reasonable timeframe set by the Court.
Respectfully submitted,
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
Date: [Date of Filing]
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Would you like more specific guidance on the content of the interrogatories?
compile a list of interrogatories for a tort case in Maryland
Sure, here's a list of interrogatories you might consider for a tort case in Maryland:
*. State your full name, address, and date of birth.
*. Describe in detail how the incident occurred.
*. List all individuals who witnessed the incident.
*. Specify any injuries you claim to have sustained as a result of the incident.
*. List all medical treatments you have received for your injuries.
*. Provide the names and addresses of all healthcare providers who treated you.
*. Detail any prior injuries or medical conditions that might relate to the current claim.
*. Provide information regarding any lost wages or income due to the incident.
*. Identify any insurance claims made relating to the incident.
*. Describe any property damage resulting from the incident.
Would you like more specific guidance on any of these interrogatories?
yes
Which specific interrogatory would you like more detailed guidance on?
please add * more
Sure, here are five additional interrogatories you might consider for a tort case in Maryland:
*. Identify all persons with whom you have discussed the incident.
*. Provide copies of any photographs or videos taken of the incident or injuries.
*. Detail any expert witnesses you plan to call at trial.
*. Describe any permanent or long-term effects of your injuries.
*. Outline any non-economic damages you are claiming, such as pain and suffering.
Would you like more specific guidance on any of these new interrogatories?
is not wearing a seat belt contributory negligence
In Maryland, contributory negligence can bar a plaintiff from recovering damages if they are found to have contributed to the accident. Not wearing a seatbelt could be considered contributory negligence if it can be shown it contributed to the severity of the injuries.
Would you like more information on contributory negligence laws in Maryland?
vehicle pulled out in traffic striking the car mid fender, who is at fault ?
Determining fault in a vehicle accident depends on specific circumstances and evidence. Generally, if a vehicle pulled out into traffic and struck another car, the driver pulling out may be at fault for failing to yield. However, other factors like speed and right of way will also be considered. Would you like information on how to gather evidence for your case?
yes and how can cell phone use be proven in a tort case
To prove cell phone use in a tort case, consider the following:
- Obtain cell phone records through a subpoena.
- Use witness testimonies.
- Gather police reports indicating cell phone use.
- Utilize surveillance footage or traffic cameras.
Would you like more detailed guidance on obtaining cell phone records?
I Would like information on how to gather evidence for my case
To gather evidence for your case, consider the following steps:
- Photographs and Videos: Capture the accident scene, vehicle damage, and any visible injuries.
- Witness Statements: Collect contact details and statements from anyone who witnessed the incident.
- Police Reports: Obtain a copy of the police report.
- Medical Records: Keep detailed records of all treatments and diagnoses related to your injuries.
- Cell Phone Records: Subpoena the defendant's cell phone records if distracted driving is suspected.
Would you like more specific guidance on any of these steps?
please rewrite this as a professional tort specialist: *) Contention held that the passenger Ms. Evans was not wearing a seatbelt and was talking on her cell phone. Further she did not go forward with this legal case for almost 3 years indicating her injury’s or hardship she claims in inaccurate, false or mis-understood and could not be as a result of any physical force during this occurrence. Ms. Shay Rena Smith failed to make a reasonable and accurate assessment of traffic conditions,. Time of daylight, flow of traffic in her attempt to enter Forrest Drive not looking both ways and failed to yield to oncoming traffic. In addition Ms. Smith was in her cell phone.
Contention asserts that Ms. Evans, the passenger, was not wearing a seatbelt and was using her cell phone. Additionally, her delay of nearly three years in pursuing this legal case suggests her claimed injuries or hardships are inaccurate, false, or misunderstood and not caused by the incident. Ms. Shay Rena Smith failed to reasonably assess traffic conditions, the time of day, and traffic flow when she attempted to enter Forrest Drive without looking both ways and failed to yield to oncoming traffic. Furthermore, Ms. Smith was also using her cell phone at the time.
Do you need help with any specific part of your case?
please rewrite to present to the court *) Plaintiff name D. Scott Anderson, Residing At * Americana Drive , Annapolis Md. Born In Bethesda Naval Hospital, Md On */*/* Objection To Providing Social Security Number For Reasons Of Sensitive Information *) Name and address of eyewitnesses: Amy Evans residing at * Bends Drive Apt D, Annapolis Md *. *) No reports are known from an expert witness who will be called as a witness *) No known names or addresses of any person or person whom would have personal knowledge or were at the scenes exist at this at this point in time, should that change documents will be forwarded *) There are no signed documents, statements in my possession from any witness. *) There are no known or otherwise photographs, plats, diagrams etc. in the possession of anyone know to the defendant. *) The driver was the named defendant who was the legal insured owner of the vehicle
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IN THE CIRCUIT COURT FOR [COUNTY], MARYLAND
D. Scott Anderson, Plaintiff
v.
[Defendant’s Name], Defendant
Case No. [Your Case Number]
ANSWER TO INTERROGATORIES
*. Plaintiff: D. Scott Anderson, residing at * Americana Drive, Annapolis, MD. Born in Bethesda Naval Hospital, MD on September *, *. Objects to providing Social Security Number due to sensitivity of information.
*. Eyewitness: Amy Evans, residing at * Bends Drive, Apt D, Annapolis, MD *.
*. No expert witness reports are available at this time.
*. No known individuals with personal knowledge of the incident at this time. Any changes will be forwarded.
*. No signed documents or statements from any witness in possession.
*. No known photographs, plats, diagrams, etc., in possession of anyone known to the defendant.
*. The driver was the named defendant, the legal insured owner of the vehicle.
*. Vehicle damage: A *-inch long, *-inch wide scrape on the right front fender, minimal damage.
*. No transcripts, testimonies, or proceedings are known tothe defendant regarding this matter.
*. The defendant has no prior involvement in any personal injury claims as either a complaining party or respondent.
*. Incident description: While driving on Forrest Drive towards Spa Road in front of Safeway, the vehicle was in the second to right-hand lane. Traffic slowed and advanced slowly. After fully checking the open and clear right-hand lane, I entered and continued in the same direction. A blue four-door sedan making a right-hand turn clipped the right-hand quarter panel, causing a minor scratch. Due to traffic, the only safe place to pull over was the *-* on the corner of Forrest and Spa Road.
*. Contention asserts that Ms. Evans, the passenger, was not wearing a seatbelt and was using her cell phone. Her nearly three-year delay in pursuing this case suggests her claimed injuries or hardships are inaccurate, false, or misunderstood and not caused by the incident. Ms. Shay Rena Smith failed to reasonably assess traffic conditions, the time of day, and traffic flow when she attempted to enter Forrest Drive without looking both ways and failed to yield to oncoming traffic. Additionally, Ms. Smith was using her cell phone at the time.
*. Itinerary: Picked up Ms. Evans at her residence on
Please provide me with * tort interrogatories to ask
Sure, here are * tort interrogatories you can use:
*. State your full name, address, and date of birth.
*. Describe in detail how the incident occurred.
*. List all individuals who witnessed the incident.
*. Specify any injuries you claim to have sustained as a result of the incident.
*. List all medical treatments you have received for your injuries.
*. Provide the names and addresses of all healthcare providers who treated you.
*. Detail any prior injuries or medical conditions that might relate to the current claim.
*. Provide information regarding any lost wages or income due to the incident.
*. Identify any insurance claims made relating to the incident.
*. Describe any property damage resulting from the incident.
*. Identify all persons with whom you have discussed the incident.
*. Provide copies of any photographs or videos taken of the incident or injuries.
*. Detail any expert witnesses you plan to call at trial.
*. Describe any permanent or long-term effects of your injuries.
*. Outline any non-economic damages you are claiming, such as pain and suffering.
Would you like more specific guidance on any of these interrogatories?