How to Create a Motion in a Civil Case in Maryland

File a motion in one of Maryland's circuit courts.

A motion asks the court for some form of particular relief. An individual drafts a motion on pleading paper and states the relief requested in addition to supporting law to persuade a judge to grant the motion. A court may hear a motion at several different points in a civil case in Maryland. For example, there are pre-trial motions that may include whether a jury will hear and see evidence. In addition, filing a motion may become necessary during the course of a trial, or after a final verdict.

Instructions

1. Research the type or relief you are requesting the court grant. There are many resources online and at the court's self-help center that will assist you in determining what kind of motion is necessary for the case. In addition, you will need to conduct legal research to obtain case law to support the motion.

2. Contact the court to determine if any local rules apply. Some courts will have particular rules regarding the filing of a motion or the presentation of the motion. Failure to follow local rules may result in the clerk refusing to accept the motion for filing.

3. Draft the motion on pleading paper. The caption of the case must be included at the top followed by the date the court will hear the motion.

4. Schedule a hearing for the motion. Depending on the motion, a court will hear a motion at a previously scheduled hearing, or a specific court date may be necessary. In addition, you will have to file a copy of the motion on the day you visit the court to request a hearing date.

5. Provide a copy of the motion to all parties in the civil case. Otherwise known as service of process, this procedure ensures all parties have an opportunity to prepare a response to the relief the moving party is requesting the court to grant.

Tips & Warnings

• Creating a motion is complicated and a mistake may jeopardize a case. Contact an attorney if you have any questions about how to create a motion.

References

• U.S. Courts, Maryland: Instructions for Persons Filing a Pro Se Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. §2255
• Maryland Court: General Instructions