Good Faith In Discovery Maryland Personal Injury

Before a party can file a motion to compel discovery the attorney seeking the discovery must first exercise good faith to resolve any disputes with his counterpart. The exercise of good faith requires more than simply sending correspondence and may very well require direct verbal communication between the attorneys in an attempt to resolve the dispute. The good-faith requirement is found in Maryland Rule 2-431. Maryland law does require direct contact between opposing parties in an attempt to resolve a discovery disputes amicably prior to seeking sanctions. See Sculley v Tauber, 138 Md App 423, 771 A 2d 550 (Md App. 2001). If you have questions regarding discovery and a Maryland personal injury case or you need a personal injury attorney in Maryland please feel free to call my office we are the personal injury lawyer in Baltimore. 1-888-760-7339.

Average Weekly Wage in Maryland Waiver of Amount Disputed

You will find information on the Maryland workers compensation average weekly wage in the COMAR regulations. It is interesting to note that the employer has a responsibility to provide documentation to the employee or his/her attorney if they are disputing the workers compensation commission's determination of the average weekly wage. The employer will have 60 days from the date of the initial order to provide an accounting of the average weekly wage. If the employer fails to act within that 60 day period of time they will have waived their dispute. Below is the COMAR section on point.

.07 Average Weekly Wage.

A. Preliminary Determination. For the purpose of making an initial award of compensation before a hearing in the matter, the Commission shall determine the claimant's average weekly wage from gross wages, including overtime, based on the information filed with the Commission. That information shall include:

(1) The average wage earned by the claimant during the 14 weeks before the accident, excluding the time between the end of the last pay period and the date of injury, provided that periods of involuntary layoff or involuntary authorized absences are not included in the 14 weeks;

(2) Those weeks the claimant actually worked during the 14 weeks before the accident;

(3) Vacation wages paid; and

(4) Those items set forth in Labor and Employment Article, §9-602(a)(2), Annotated Code of Maryland.

B. Subsequent Determination.

(1) Amount Disputed. If the employer, employer's insurer, or the Uninsured Employers' Fund asserts that the average weekly wage determined by the Commission under §A of this regulation exceeds the actual average weekly wage of the claimant, that party, before paying benefits at the lower rate, shall file with the Commission, with a copy to the claimant, or the claimant's attorney if the claimant is represented, a statement containing the basis of the assertion that the actual average weekly wage is less than the amount determined by the Commission. The statement shall be filed within 60 days after the date of the initial award.

(2) Waiver. The failure to file the statement in compliance with §B(1) of this regulation constitutes a waiver of the right to dispute the average wage as originally determined.

Removal from District Court To Circuit Court In Maryland Personal Injury

In Maryland personal injury cases the District Court has jurisdiction over cases up to the limit of a damage demand not to exceed $30,000.00. Like everything else in the law there are several rules that guide the Maryland personal injury lawyer thru the process of removal. For example the defendant can remove only if the request is made with in 15 days of the due date of their Notice of Intent to Defend. see Maryland Rule 3-307. Notice of intention to defend

(1) Generally.- Except as provided by subsection (b)(2) of this Rule, the notice shall be filed within 15 days after service of the complaint, counterclaim, cross-claim, or third-party claim.

With in 10 days after the Notice of Intention to Defendant is to be filed the Defendant may request his jury trial see Maryland Rule 3-325 A defendant, counter-defendant, cross-defendant, or third-party defendant may elect a trial by jury of any action triable of right by a jury by filing a separate written demand therefore within ten days after the time for filing a notice of intention to defend. The failure of a party to file the demand as provided in section (a) of this Rule constitutes a waiver of trial by jury of the action for all purposes, including trial on appeal.

When a timely demand for jury trial is filed, the clerk shall transmit the record to the circuit court within 15 days. At any time before the record is transmitted pursuant to this section, the District Court may determine, on motion or on its own initiative, that the demand for jury trial was not timely filed or that the action is not triable of right by a jury.

The Maryland Rules thereafter pick up the case under Maryland Rule 2-326. Certain transfers from District Court

(a) Notice.- Upon entry on the docket of an action transferred from the District Court pursuant to a demand for jury trial or a demand for transfer pursuant to section (d) of Rule 3-326, the clerk shall send to the plaintiff and each party who has been served in the District Court action a notice that states the date of entry and the assigned docket reference and includes a "Notice to Defendant" in substantially the following form:

Notice to Defendant

If you are a "defendant," "counter-defendant," "cross defendant,"
or "third-party defendant" in this action and you wish to contest the case
against you, you must file in this court an answer or other response to the
complaint, counterclaim, cross-claim, or third-party claim within 30 days
after the date of this notice, regardless of whether you filed a notice of
intention to defend or other response in the District Court.

If an action is transferred and a defendant or third-party defendant has not been served with process, the burden is on the plaintiff or third-party plaintiff to obtain service, as if the action were originally filed in a circuit court.

(b) Answer or other response; subsequent proceedings.- Regardless of whether a notice of intention to defend or other response was filed in the District Court, a defendant, counter-defendant, cross defendant, or third-party defendant shall file an answer or other response to the complaint, counterclaim, cross-claim, or third-party claim within 30 days after the clerk sends the notice required by section (a) of this Rule. Following the expiration of the 30-day period, the action shall thereafter proceed as if originally filed in the circuit court.

As such once served the defendant has 25 days to seek a removal of the case from the district court to the circuit court. With in 15 days after the clerk transfers the case the plaintiff can object to the removal on the basis of an untimely request. After the case is transferred and docketed the defendant has 30 days to file his new answer to the complaint.

Scheduling Orders

Maryland Courts have developed scheduling order to promote the efficient administration of the cases through the court process. Specifically Md Rule RULE 2-504. SCHEDULING ORDER
(a) Order Required.
(1) Unless otherwise ordered by the County Administrative Judge for one or more specified categories of actions, the court shall enter a scheduling order in every civil action, whether or not the court orders a scheduling conference pursuant to Rule 2-504.1.
(2) The County Administrative Judge shall prescribe the general format of scheduling orders to be entered pursuant to this Rule. A copy of the prescribed format shall be furnished to the Chief Judge of the Court of Appeals.
(3) Unless the court orders a scheduling conference pursuant to Rule 2-504.1, the scheduling order shall be entered as soon as practicable, but no later than 30 days after an answer is filed by any defendant. If the court orders a scheduling conference, the scheduling order shall be entered promptly after conclusion of the conference.
(b) Contents of Scheduling Order.
(1) Required. A scheduling order shall contain:
(A) an assignment of the action to an appropriate scheduling category of a differentiated case management system established pursuant to Rule 16-202;
(B) one or more dates by which each party shall identify each person whom the party expects to call as an expert witness at trial, including all information specified in Rule 2-402 (f) (1);
(C) one or more dates by which each party shall file the notice required by Rule 2-504.3 (b) concerning computer-generated evidence;
(D) a date by which all discovery must be completed;
(E) a date by which all dispositive motions must be filed, which shall be no earlier than 15 days after the date by which all discovery must be completed;
(F) a date by which any additional parties must be joined;
(G) a date by which amendments to the pleadings are allowed as of right; and
(H) any other matter resolved at a scheduling conference held pursuant to Rule 2-504.1.
(2) Permitted. A scheduling order may also contain:
(A) any limitations on discovery otherwise permitted under these rules, including reasonable limitations on the number of interrogatories, depositions, and other forms of discovery;
(B) the resolution of any disputes existing between the parties relating to discovery;
(C) a specific referral to or direction to pursue an available and appropriate form of alternative dispute resolution, including a requirement that individuals with authority to settle be present or readily available for consultation during the alternative dispute resolution proceeding, provided that the referral or direction conforms to the limitations of Rule 2-504.1 (e);
(D) an order designating or providing for the designation of a neutral expert to be called as the court's witness;
(E) in an action involving child custody or child access, an order appointing child's counsel in accordance with Rule 9-205.1;
(F) a further scheduling conference or pretrial conference date; and
(G) any other matter pertinent to the management of the action.
(c) Modification of Order. The scheduling order controls the subsequent course of the action but shall be modified by the court to prevent injustice.

A case on point Maddox v. Stone 174 Md.App. 489, 921 A.2d 912 Md.App.,2007.