Do I have to file an answer?

[ProSeDadinMD]

What is the name of your state? MD

Ok, so …her… motion to reconsider and vacate has been denied, but on the same day as the denial, her lawyer filed their opposition to my motion to dismiss their motion.

The denial was based on my motion to dismiss, and specifically mentions the rule that I mention in my motion(2-234). It’s also specifically mentioned in the opposition to my motion. Her lawyer also mentioned a different rule that could apply(2-235).

The applicable rules:

Rule 2-534.
Motion to alter or amend a judgment - Court decision.
In an action decided by the court, on motion of any party filed within ten days after entry of judgment, the court may open the judgment to receive additional evidence, may amend its findings or its statement of reasons for the decision, may set forth additional findings or reasons, may enter new findings or new reasons, may amend the judgment, or may enter a new judgment. A motion to alter or amend a judgment may be joined with a motion for new trial.

[Amended Apr. 7, 1986, effective July 1, 1986; Oct. 31, 2002, effective Jan. 1, 2003; Nov. 12, 2003, effective Jan. 1, 2004.]


Rule 2-535. Revisory power.
(a) Generally.- On motion of any party filed within 30 days after entry of judgment, the court may exercise revisory power and control over the judgment and, if the action was tried before the court, may take any action that it could have taken under Rule 2-534.
(b) Fraud, mistake, irregularity.- On motion of any party filed at any time, the court may exercise revisory power and control over the judgment in case of fraud, mistake, or irregularity.

Committee Note.
This section is intended to be as comprehensive as Code, Courts Article § 6-408.
(c) Newly-discovered evidence.- On motion of any party filed within 30 days after entry of judgment, the court may grant a new trial on the ground of newly-discovered evidence that could not have been discovered by due diligence in time to move for a new trial pursuant to Rule 2-533.
(d) Clerical mistakes.- Clerical mistakes in judgments, orders, or other parts of the record may be corrected by the court at any time on its own initiative, or on motion of any party after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed by the appellate court, and thereafter with leave of the appellate court.

[Amended Nov. 12, 2003, effective Jan. 1, 2004; Nov. 12, 2003, effective Jan. 1, 2004.]

My question is this:
Since I have no doubt that this will be appealed, do I need to file an answer to the opposition to my motion?

 

[seniorjudge]

...
My question is this:
Since I have no doubt that this will be appealed, do I need to file an answer to the opposition to my motion?
....

It certainly would not hurt.

All this wrangling is stuff you must go through before an appeal can be filed (i.e., the appeals court wants to review only final judgments in lawsuits).

 

[CJane]

It certainly would not hurt.

All this wrangling is stuff you must go through before an appeal can be filed (i.e., the appeals court wants to review only final judgments in lawsuits).

Yup. I know that when my ex appealed the judgment in our custody case, he filed first to set aside the judgment (denied), then to rehear specific evidence (denied), then to amend the judgment (granted, in a very limited way that did not affect custody at all), then he had to notify the court that he was appealing the judgment, and THEN he could file his appeal. (Which, by the way, was heard by the appeals court and the decision of the circuit court judge was upheld).

Sit tight. And might i recommend that if this DOES go to appeal, you get an attorney. You do NOT want to write an appeals brief on your own.