Researching Procedural Rules
There are rules that govern civil and criminal litigation as well as rules governing appeals. On the federal level there are general rules that apply to all the courts and then there are rules that apply to only one specific court. These court specific rules are called local rules. On the state level, there are rules for the different levels of trial courts and rules for the state appeals courts. All of these rules are accessible on WestlawNext. Many are also accessible on the internet.
Jeremy Eons was standing at a bus stop with his faithful companion, Jeff the dog. A bicycle jumped the curb and headed right toward them. The rider of the bike tried to swerve to avoid them, but his both Jeremy and Jeff. The dog panicked and ran into the street, where he was struck and killed by a passing car. Jeremy suffered several broken bones as well as severe distress from witnessing Jeff’s death. The person riding the bike was using her cell phone prior to and at the time her bike headed toward the bus stop. The driver of thecar was speeding and eating a Big Mac.
TASK 1`To answer the following questions, assume that the lawsuit will be brought in a Maryland Circuit Court. For each question, (a) provide a Bluebook citation to the relevant Maryland state rule of civil procedure and then (b) answer the question using the language of the rule (cite the specific subsection of the rule is applicable) (c) describe in detail how you found the rule. You may use WestlawNest or the Internet.
* Jeremy has 2 legal claims against the bike rider-negligence for his injuries and negligence infliction of emotional distreee for seeing his dog killed. What rule of procedure allows him to join both claims in the same lawsuit?
*After the pleedings have been filed, may the defendant(s) have Jeremy undergo a psychological examination to test whether he is actually suffering from severe mental distress for having seen his dog killed?
* Is there any limit on the number of interrogatories that either party may send to the other party?
* If there is a jury trial, how many juriors? Must the verdict unanimous?
* If Jeremy loses at trial and decides to appeal, what time considerations are there for bringing this appeal?
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