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Rule 2-322 – Preliminary Motions

May 13, 2021 | Civil Prodcedure, Maryland

(a) Mandatory. The following defenses shall be made by motion to dismiss filed before the answer, if an answer is required:

(1) lack of jurisdiction over the person,
(2) improper venue,
(3) insufficiency of process, and
(4) insufficiency of service of process. If not so made and the answer is filed, these defenses are waived.
(b) Permissive. The following defenses may be made by motion to dismiss filed before the answer, if an answer is required:

(1) lack of jurisdiction over the subject matter,
(2) failure to state a claim upon which relief can be granted,
(3) failure to join a party under Rule 2-211,
(4) discharge in bankruptcy, and
(5) governmental immunity. If not so made, these defenses and objections may be made in the answer, or in any other appropriate manner after answer is filed.
(c) Disposition. A motion under sections (a) and (b) of this Rule shall be determined before trial, except that a court may defer the determination of the defense of failure to state a claim upon which relief can be granted until the trial. In disposing of the motion, the court may dismiss the action or grant such lesser or different relief as may be appropriate. If the court orders dismissal, an amended complaint may be filed only if the court expressly grants leave to amend. The amended complaint shall be filed within 30 days after entry of the order or within such other time as the court may fix. If leave to amend is granted and the plaintiff fails to file an amended complaint within the time prescribed, the court, on motion, may enter an order dismissing the action. If, on a motion to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 2-501, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 2-501.
(d) Motion for More Definite Statement. If a pleading to which an answer is permitted is so vague or ambiguous that a party cannot reasonably frame an answer, the party may move for a more definite statement before answering. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 15 days after entry of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.
(e) Motion to Strike. On motion made by a party before responding to a pleading or, if no responsive pleading is required by these rules, on motion made by a party within 15 days after the service of the pleading or on the court’s own initiative at any time, the court may order any insufficient defense or any improper, immaterial, impertinent, or scandalous matter stricken from any pleading or may order any pleading that is late or otherwise not in compliance with these rules stricken in its entirety.
(f) Consolidation of Defenses in Motion. A party who makes a motion under this Rule may join with it any other motions then available to the party. No defense or objection raised pursuant to this Rule is waived by being joined with one or more other such defenses or objections in a motion under this Rule. If a party makes a motion under this Rule but omits any defense or objection then available to the party that this Rule permits to be raised by motion, the party shall not thereafter make a motion based on the defenses or objections so omitted except as provided in Rule 2-324.

Md. R. Civ. P. Cir. Ct. 2-322

This Rule is derived as follows:

Section (a) is derived from former Rule 323(a)(1), (2), (3) and (4), and the last sentence of (b).

Section (b) is new and is derived in part from the 1966 version of Fed. R. Civ. P. 12(b). Subsection (b)(2) replaces former Rules 345 (Demurrer) and 371 b (Demurrer).

Section (c) is new.

Section (d) is new and is derived from the 1966 version of Fed. R. Civ. P. 12(e). It replaces former Rule 346 (Bill of Particulars).

Section (e) is derived from the 1966 version of Fed. R. Civ. P. 12(f), and in part from former Rules 301 j and 322.

Section (f) is new and is derived from the 1966 version of Fed. R. Civ. P. 12(g).

Adopted April 6, 1984, eff. July 1, 1984. Amended April 7, 1986, eff. July 1, 1986; March 5, 2001, eff. July 1, 2001; Nov. 12, 2003, eff. Jan. 1, 2004.

HISTORICAL NOTES

2001 Orders

The March 5, 2001, order, in section (b), in the first sentence, substituted “(4) discharge in bankruptcy, and (5) for “and (4).

2003 Orders

The November 12, 2003, order amended the source note.