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RULE 3-311. MOTIONS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 3. Civil Procedure--District Court
Chapter 300. Pleadings and Motions
MD Rules, Rule 3-311
RULE 3-311. MOTIONS
(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 ten days after being served with the motion or within the time allowed for that party to file a notice of intention to defend pursuant to Rule 3-307 (b), whichever is later. Unless the court orders otherwise, no response need be filed to a motion filed pursuant to Rule 1-204, 3-533, or 3-534. If a party does not file a timely response, the court may proceed to rule on the motion.
Cross reference: See Rule 1-203 concerning the computation of time.
(c) Statement of Grounds; Exhibits. A written motion and a response to a motion shall state with particularity the grounds. 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 3-303 (d) or set forth as permitted by Rule 3-421 (g).
(d) Hearing--Motions for New Trial or to Amend the Judgment. When a motion is filed pursuant to Rule 3-533 or 3-534, the court shall determine in each case whether a hearing will be held, but it may not grant the motion without a hearing.
(e) Hearing--Other Motions. A party desiring a hearing on a motion, other than a motion filed pursuant to Rule 3-533 or 3-534, shall request the hearing in the motion or response under the heading “Request for Hearing.” 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. Unless the court orders otherwise, a motion filed within ten days before the trial date shall be decided on the trial date.
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 321 a.
Section (b) is new.
Section (c) is derived from former M.D.R. 321 a.
Section (d) is derived from former Rule 321 d.
Section (e) is derived in part from former M.D.R. 321 b and is in part new.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended March 22, 1991, eff. July 1, 1991; Oct. 31, 2002, eff. Jan. 1, 2003.]

Editors' Notes

HISTORICAL NOTES
2002 Orders
The October 31, 2002, order made changes to establish a time for response to a motion, to change the time for the served party to file request for hearing, and to make hearings on certain motions discretionary.
MD Rules, Rule 3-311, MD R RCP DIST CT Rule 3-311
Current with amendments received through April 1, 2020.
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