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Rule 2-311 – Motions

May 13, 2021 | Civil Prodcedure, Maryland

(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.

Md. R. Civ. P. Cir. Ct. 2-311

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.

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.

HISTORICAL NOTES

2002 Orders

The October 31, 2002, order, in section (b), in the first sentence, substituted “any response for “a response; inserted the cross reference following section (b); and, in section (f), in the first sentence, substituted “request the hearing for “so request and, in the second sentence, substituted “but the court for “but it.

2003 Orders

The November 12, 2003, order, in section (d), deleted “or papers on file in the proceeding following “in the record.

2011 Orders

The June 7, 2011, order, inserted a new second sentence in section (f).