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MARYLAND ESSAY WORKSHOP PROF. MICHAEL J. CEDRONE

GEORGETOWN UNIVERSITY LAW CENTER

CHAPTER 1: OVERVIEW OF MARYLAND ESSAYS

A. Exam Format

• Day ONE (Tuesday): Maryland Essay Day

o Morning: 3 essays and 1 Multistate Performance Test (MPT) o Afternoon: 7 essays

• Timing

o Maryland essay questions are allotted 25 minutes each and worth 6 points. o The MPT is allotted 90 minutes and worth 9 points and tests NO Maryland law.

• Grading: Essays are prepared and graded by the Maryland State Board of Law Examiners. • Question Format

o Extracts: Provide you with precise law in specific areas; use to strengthen your responses o Testing ability to apply law to facts apply principles and rules of law to a given set of facts,

reasoning logically and in a lawyerly manner to a legally sound conclusion. o Questions may implicate more than one area of law (e.g., Professional Responsibility)

• Strategy

o Answer questions in order o Five general tips for writing the Maryland Essays:

Use short paragraphs; one idea per paragraph Reach definitive conclusions: Avoid words like “maybe” Use headings to identify issues you discuss Use extracts if provided Write neatly

B. Approaching Maryland Essay Questions: Three Steps

1. STEP ONE: Read the question.

o Read the call of the question first to determine:

Your role The specific area of law Whether objective or persuasive

2 | © 2016 Themis Bar Review, LLC | MD Essay Writing Workshop

Whether it is a general question or for specific response to a defined legal issue.

o Read the question again to become generally familiar with the facts. o Take notes the second time you read the question. o Extracts:

Provide potentially applicable code provisions Use headings Use them carefully; look for exceptions

2. STEP TWO: Organize your answer

o Organize around legal issues or claims. o Sometimes, you might organize by party, or perhaps by chronology. o Use a margin outline. o Include all issues, governing rules of law, and facts that should be analyzed under those

rules. o The first two steps can take one third of the time allowed for each question.

3. STEP THREE: Write your answer.

o Use the IRAC (Issue, Rule, Application, Conclusion) structure

Issue: Identify the legal issue Rule:

• State the rule of law clearly and precisely; citation is not required • Include all elements/factors of a legal test

Application:

• Discuss all facts relevant to the issue. • Do not skip an element, factor, or other part of a legal test. • Include responses to counterarguments where appropriate.

Conclusion:

• Your conclusion should be brief and definitive.

o IRAC each issue


CHAPTER 2: SIX SUBJECT AREAS

Editor's Note 1: Use the space provided to take notes.

1. Agency Law

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o Recently tested areas:

Basic knowledge of the difference between an agent and a principal Is an agent or principal liable to third parties? Rules involving employees as agents and their power to bind Employers

o Ripe for testing:

Duties of principals and agents to each other

2. Maryland Civil Procedure

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Jurisdiction, service of process, joinder of parties, trial practice, including pretrial motions, pleadings, discovery, post-trial motions and appeals

Maryland District Courts and Maryland Circuit Courts

o Ripe for testing:

Jurisdiction, joinder, discovery rules, post-trial motions Procedures for default judgment

Exam Tip 1: An extract is often provided with MD Civil Procedure questions.


3. Constitutional Law

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Due process, equal protection, First Amendment, Commerce Clause, Privileges and Immunities Clause, Contracts Clause, First Amendment freedom of association rights, Takings Clause, First Amendment religion clauses

o Ripe for testing:

First Amendment, federalism questions, Commerce clause, questions of standing, mootness, and ripeness

Exam Tip 2: Look out for multiple constitutional doctrines;

Exam Tip 3: Craft precise rules and pay attention to factors/balancing tests

4. Contract law

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Formation of contracts, statute of frauds

o Ripe for testing:

Consideration, counter offers, mirror image rule Damages, including restitution and specific performance Parol evidence rule and basic interpretive principles

Exam Tip 4: Agency law can appear in this context.


5. Corporations and Business Associations

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Procedures for forming a corporation and a limited liability company Duties, powers, rights, and liabilities of interested parties in a business association

o Ripe for testing:

Corporation, close corporation, LLC, professional service corporation Partnership (including general, limited and limited liability partnerships) Joint venture, unincorporated association, or sole proprietorship. Shareholders’ rights

Exam Tip 5: In the business context, duty of care and duty of loyalty are ethical issues.

6. Family Law

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Divorce, alimony and support payments, custody and child support, division of marital property, prenuptial agreements

o Ripe for testing:

Domestic violence, interstate issues

Exam Tip 6: Fact-intensive analysis is called for.


CHAPTER 3: SIX FINAL SUBJECT AREAS

1. Criminal Law and Procedure

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o Ripe for testing: Criminal Law

Crimes- homicide and its permutations, theft, robbery, burglary, assault, arson. Specific and general intent, insanity and intoxication, self-defense, necessity and duress

o Ripe for testing: Criminal Procedure

Major protections of the Fourth, Fifth and Sixth Amendments in terms of search and seizure, arrest, Miranda Rights and Sixth Amendment right to counsel at critical stages of the criminal trial process.

Capital sentencing, double jeopardy Discovery in criminal cases Brady Rights, Fruit of the Poisonous Tree, Harmless Error, Fifth and Sixth Amendment

Rights to Counsel

Exam Tip 7: Watch the call of the question carefully.

Exam Tip 8: Pay attention to the standard of review.

2. Evidence

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Hearsay exceptions Privileges (including spousal, attorney-client, physician-patient, and Priest-penitent

o Ripe for testing:


Attorney-client privilege, Prior Inconsistent Statements

Exam Tip 9: Easy to hide issues in this area.

3. Maryland Rules of Professional Conduct

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Basic knowledge of fees, conflicts, confidentiality Rules about advertising by attorneys

o Ripe for testing:

• Bad behavior, Duty of Confidentiality, Ethics Rules during Litigation, Attorney Conflicts of Interest

Exam Tip 10: Easy to hide issues. Often presented in context of other areas of law.

4. Real Property

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Ownership of land, including joint tenancy, tenancy in common, and tenancy by the entirety.

Landlord/tenant law, and law related to real estate conveyancing and recording. Adverse possession and prescriptive easements

o o Ripe for testing:

Licenses and tenancy by the entirety


5. Commercial Transactions: Commercial Paper, Secured Transactions, Sales, Leases, Bank Deposits + Collections, Fund Transfers, Bulk Transfers

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6. Torts

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Negligence, defamation, duties, comparative fault, and Vicarious liability

o Ripe for testing:

Intentional torts, emotional distress, misrepresentation, conversion, trespass, and strict and products liability.

Statutory violations as evidence of negligence.

Exam Tip 11: Watch the call of the question, look for special rules and be careful with your reasoning.


CHAPTER 4: ANALYSIS OF MARYLAND CIVIL PROCEDURE QUESTION.

1. Read and organize and write.

2. Identify the relevant rules from the Extracts:

Legal Issues

Facts Citations to rules, contained in the Extracts:

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3. Write your answer.

o Part A Answer:

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o Part B Answer:

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o Part C Answer:

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FEBRUARY 2014 MARYLAND BAR EXAMINATION QUESTION 5

PART A

Able was critically injured while driving his new DDF automobile. He was rear-ended by a truck owned and operated by Baker. On impact, the driver's air bag did not engage on his DDF automobile and Able was propelled forward into the steering wheel and the windshield. The accident occurred in Laurel, Maryland; portions of Laurel are situated in Anne Arundel County, Maryland; Prince George's County, Maryland; and Howard County, Maryland.

Able sued Baker in the Circuit Court for Anne Arundel County, Maryland and requested a jury trial. After filing the suit and before obtaining service on Baker, Able changed attorneys. His new attorney prepared a more extensive statement of Able's claim and added the car manufacturer, DDF, as a defendant, claiming that the driver's air bag in Able's DDF automobile was defective. The original suit against Baker was voluntarily dismissed by Able by notice of dismissal. The suit for a jury trial on the claims of Able against Baker and of Able against DDF were filed in the Circuit Court for Prince George's County, Maryland. Service of process was issued against Baker and DDF, but before either of them was served, Able's attorney determined from further investigation that the accident had occurred in Howard County, Maryland, and that the suit should have been filed in Howard County as Able and Baker reside in that county and DDF does business in that county. His attorney is planning to file a notice of voluntary dismissal in the Prince George's County suit and re-file the suit in the Circuit Court for Howard County, Maryland.

A. Is the filing of a voluntary dismissal in the Prince George's County case prudent for Able on the given facts? State your analysis in detail and provide a discussion of any alternatives.

PART B

Assume that Able's case is now in the Circuit Court for Howard County, Maryland. Upon being served with process, DDF filed its answer and impleaded Correct Installation, LLC into the case as a third party defendant. DDF claimed that Correct Installation, LLC installed all the air bags on DDF automobiles and that if the installation of the driver's air bag on Able's car was defective, then Correct Installation, LLC was liable to DDF for the defective installation. The suit proceeded to trial by jury. At the close of Able's case, Baker moved for judgment. Able's attorney did not object to the motion. The judge heard Baker's motion and denied it. Baker then proceeded to put on his defense in the case. After completion by Baker of his case, Able presented rebuttal evidence. The case went to the jury. The jury verdict was in favor of Able and against Baker. At the appropriate time, Baker moved for a judgment notwithstanding the verdict (JNOV) and the trial judge granted it. Able wants to appeal the granting of the JNOV.

B. Does Able have any valid procedural grounds to challenge the trial judge's granting of Baker's JNOV? Explain fully.


PART C

Assume that after the trial of his suit against Baker and DDF, Able files a separate action against Correct Installation, LLC in the Circuit Court for Howard County, Maryland for the defective installation of the driver's air bag on his DDF automobile and that the facts stated in Able's Complaint sufficiently allege a claim for relief against Correct Installation, LLC. You are the attorney for Correct Installation, LLC.

C. Are there grounds for a preliminary motion by Correct Installation, LLC to dismiss Able's Complaint? Discuss in detail.

© Maryland Board of Bar Examiners


FEBRUARY 2014 MARYLAND BAR EXAMINATION

BOARD ANALYSIS

QUESTION 5

PART A

Dismissal is not appropriate for Able. Able voluntarily dismissed his claim against Baker in Anne Arundel County and then, after a change of attorneys with a more extensive statement of his claim, filed the case against Baker and DDF in Prince George's County, Maryland. His attorney now plans to file the case in Howard County, Maryland. Rule 2-506(c) states in pertinent part: "a notice of dismissal operates as an adjudication upon the merits when filed by a party who has previously dismissed in any court of any state . . . an action based on or including the same claim." Able's claim against Baker that he was rear-ended by a truck owned and operated by Baker has not changed. If Able were to voluntarily file a notice of dismissal in his Prince George's County case against Baker and then file the case in Howard County, the effect of the filing of the two notices of dismissal (one in the Anne Arundel County case and the other in the Prince George's County case) would operate as an adjudication on the merits of his claim against Baker.

As to DDF, Able had not previously dismissed his claim against DDF. Able would have an argument that the effect of the filing of a notice of voluntary dismissal in the Prince George's County case would not operate as an adjudication of his claim under Maryland Rule 2-506(c) against DDF.

As Able and Baker reside in Howard County; DDF does business there; and that is the county where the accident occurred, Able can request a transfer of the case to Howard County under Maryland Rule 2-327(c) "for the convenience of the parties and witnesses as it serves the interests of justice".

PART B

Maryland Rule 2-519(a) provides that "[a] party may move for judgment . . . in a jury trial at the close of all the evidence." Maryland Rule 2-532(a) provides that Baker can move for a JNOV only if he made a motion for judgment at the close of all the evidence which would include the rebuttal testimony presented by Able. On the given facts, Able and Baker presented their evidence, Able presented rebuttal evidence, and the case went to the jury. Baker did not make a motion for judgment at the close of the rebuttal testimony offered by Able nor did Baker attempt to renew his motion for judgment made at the close of the evidence offered by Able in his case in chief. Maryland requires strict compliance with Maryland Rule 2-532 (a). General Motors Corporation, et al. v. Seay, 388 Md. 341, 361, 879 A.2d 1049 (2005): "General Motors neglected to renew its motion for judgment at the close of all the evidence as Rule 2-519 (a) specifies. Pursuant to Maryland Rules of Procedure [Maryland Rule 2-532], GM's failure to renew the motion resulted in the loss of its right to file a motion for JNOV. * * * " Able will be successful in reversing the JNOV.


PART C

On the given facts, Able should have asserted any claim he had against Correct Installation, LLC when Correct Installation, LLC was impleaded by DDF in the Able v. Baker and DDF case. Able cannot now assert his claim against Correct Installation, LLC in a separate action against that LLC. Maryland Rule 2-332(c). Harbin v. H.E.W.S, Inc., 56 Md. App. 72, 75, 466 A.2d 879 (1983).

Maryland Rule 2-506(c) - Voluntary dismissal.

Maryland Rule 2-327(c) - Transfer of action - convenience of parties Maryland Rule 2-519(a) - Motion for judgment.

Maryland Rule 2-532(a) - Motion for judgment notwithstanding the verdict. Maryland Rule 2-532(d) - Motion for judgment notwithstanding the verdict. Maryland Rule 2-332(c) - Third party practice.

General Motors Corporation, et al. v. Seay, 388 Md. 341, 361, 879 A.2d 1049 (2005)

Harbin v. H.E.W.S., Inc., 56 Md. App. 72, 75, 466 A.2d 879 (1983)

New Jersey v. Strazzella, 331 Md. 270, 281, 627 A.2d 1055 (1993)

© Maryland Board of Bar Examiners

FEBRUARY 2014 MARYLAND BAR EXAMINATION

REPRESENTATIVE GOOD ANSWERS QUESTION 5

PART A

REPRESENTATIVE ANSWER 1 PART A Filing a voluntary dismissal in the Prince George’s County case is

not prudent for Able. Maryland rules provide for voluntary dismissal of claims without prejudice.

However, a notice of dismissal operates as adjudication on the merits when filed by a party who has

previously dismissed in any court an action based on or including the same claim. Here, Able would have

to dismiss the Prince George’s action by notice of dismissal filed with the court. This would be the

second dismissal involving his claim against Baker, after the dismissal in Anne Arundel County. Thus, a

dismissal of the present action would act as an adjudication of the merits of Able’s claims and bar him

from re-filing the suit in Howard County. Able should file a motion requesting the Prince George’s Circuit

Court to transfer the case to the Howard County Circuit Court on the basis that it would be more

convenient for the parties. Able can support this by pointing to Able and baker’s residency, the location

of the accident, and the DDF’s conducting business in Howard County. Alternatively, Able can wait until

Baker files any preliminary motion. If Baker does not raise a venue defense, then it is waived and the

case can stay in Prince George’s Circuit Court. If baker raises a venue defense in a preliminary motion,

the Court will likely transfer the case to Howard County in the interest of justice since; otherwise, a

dismissal would act as adjudication on the merits.

PART B Able has valid procedural grounds for challenging the grant of Baker’s JNOV. Rule 2-532

requires that, in a jury trial, a party may move for JNOV only if that party made a motion for judgment at

the close of all evidence and only on grounds used in the earlier motion. Here, Baker only moved for

judgment at the close of Able’s case and failed to move for judgment at the close of all evidence. Thus,

Baker could not make a valid JNOV after the jury verdict. The judge’s grant of JNOV for Baker should be

reversed.

PART C Correct Installation, Inc. has grounds to request dismissal of Able’s complaint in a preliminary

motion. Maryland Rule 2-332(c) requires a plaintiff to assert any claim against a third-party defendant

arising out of the same transaction or occurrence that is the subject matter of the plaintiff’s claim

against the third-party plaintiff (i.e., the original defendant). If the plaintiff fails to assert such claims, he

is barred from asserting such claims in a separate action instituted after the third-party defendant has

been impleaded. Here, Able is the plaintiff and Correct Installation is the third-party defendant

impleaded in the original suit and both the original suit and Able’s new complaint relate to the same

transaction of occurrence, namely Able’s car accident with Baker in which Able argued his automobile

was defective. Thus, Able cannot assert this transactionally related claim against Correct Installation in a

separate action; he was required to assert it in the original litigation after DDF impleaded Correct

Installation.

REPRESENTATIVE ANSWER 2 PART A The filing of a voluntary dismissal by Able of the Prince George’s

County case is NOT prudent given the facts. Here, Able filed action 1 in Anne Arundel County and

voluntarily dismissed it. The Able filed action 2 in prince George’s County, and wants to voluntarily

dismiss this action and file anew in Howard County, Maryland. However, if he does this, then this second

notice of dismissal will operate as adjudication upon the merits. This is because Rule 2-506(c) provides

that a dismissal is without prejudice except that a notice of dismissal operates as adjudication upon the

merits when filed by a party who has previously dismissed in any court of any state an action based on

or including the same claim. Able wants to file 3 actions based on the same claim and dismiss 2 of them.

If he does this, he loses his personal injury claim against Baker and DDF forever, and will be barred from

filing like he wants in Howard County. Able’s best course is to file a motion to change venue from Prince

George’s County to Howard County or bring a defense of improper venue. Under Rule 2-327(c), the

Court can transfer any action to another circuit court where the action could have been brought if the

transfer is for the convenience of the parties and severs the interests of justice. Here, the action could

have initially been brought in Howard County because this is where the accident occurred. In addition,

the transfer if for the convenience of the parties and serves the interests of justice because all parties

either reside or do business in Howard County, Therefore, able should not dismiss the Prince George’s

County case, but instead should file a motion for change of venue.

PART B Able does have valid procedural grounds to challenge the trial judge’s granting of Baker’s

JNOV. Rule 2-532 provides that a party may move for JNOV only if that party made a motion for

judgment at the close of all of the evidence and only on the grounds advanced in support of the earlier

motion. Here, Baker moved for judgment at the close of Able’s case. However, after Able finished his

case, Baker put on his defense and Able presented rebuttal evidence. Therefore, Baker did not move for

judgment at the close of ALL of the evidence. Therefore, Baker does not meet the necessary

requirements to file a motion for judgment notwithstanding the verdict. Baker’s JNOV is not proper and

the Court should not have granted it.

PART C Yes, there are grounds for a preliminary motion by Correct Installation, LLC to dismiss Able’s

complaint. Correct Installation was impleaded in the initial action as a third party defendant. As a result,

Able cannot file anew complaint or action against them. Rule 2-332(c) provides that if the plaintiff, here

Able, fails to assert a claim against a third party defendant, here Correct Installation, the plaintiff may

not thereafter assert that claim in a separate action 8instituted after the third party defendant has been

impleaded. As a result, there are grounds for a preliminary motion to dismiss by Correct Installation

under rule 2- 332(c), and the Court will grant the motion.

EXTRACT FOR QUESTION 5

THIS EXTRACT IS TO BE USED FOR QUESTION 5 OF THE BOARD'S WRITTEN TEST. THIS EXTRACT CONTAINS SELECTED PROVISIONS OF THE MARYLAND RULES, TITLE 2. CIVIL PROCEDURE- CIRCUIT COURT.

Note: Asterisks (* * *) Indicate places where material has been omitted from this extract.

ANNOTATED CODE OF MARYLAND

MARYLAND RULES

* * *

TITLE 2. CIVIL PROCEDURE- CIRCUIT COURT

* * *

CHAPTER 300. PLEADINGS AND MOTIONS

* * *

Rule 2-327. Transfer of action.

(a) Transfer to District Court. (1) If circuit court lacks jurisdiction. If an action within the exclusive jurisdiction of the

District Court is filed in the circuit court but the court determines that in the interest of justice the action should not be dismissed, the court may transfer the action to the District Court sitting in the same county.

* * *

(2) If circuit court has jurisdiction - Generally. Except as otherwise provided in subsection (a)(3) of this Rule, the court may transfer an action within its jurisdiction to the District Court sitting in the same county if all parties to the action (A) consent to the transfer, (B) waive any right to a jury trial they currently may have and any right they may have to a jury trial following transfer to the District Court, including on appeal from any judgment entered, and (C) make any amendments to the pleadings necessary to bring the action within the jurisdiction of the District Court.

(3) If circuit court has jurisdiction-- Domestic violence actions.

(A) In an action under Code, Family Law Article, Title 4, Subtitle 5, after entering a temporary protective order, a circuit court, on motion or on its own initiative, may transfer the action to the District Court for the final protective order hearing if, after inquiry, the court finds that (i) there is no other action between the parties pending in the circuit court, (ii) the respondent has

sought relief under Code, Family Law Article, Title 4, Subtitle 5, in the District Court, and (iii) in the interests of justice, the action should be heard in the District Court.

(B) In determining whether a hearing in the District Court is in the interests of justice, the court shall consider (i) the safety of each person eligible for relief, (ii) the convenience of the parties, (iii) the pendency of other actions involving the parties or children of the parties in one of the courts, (iv) whether a transfer will result in undue delay, (v) the services that may be available in or through each court, and (vi) the efficient operation of the courts.

(C) The consent of the parties is not required for a transfer under this subsection.

(D) After the action is transferred, the District Court has jurisdiction for the purposes of enforcing and extending the temporary protective order as allowed by law.

* * *

(b) Improper venue. If a court sustains a defense of improper venue but determines that in the interest of justice the action should not be dismissed, it may transfer the action to any county in which it could have been brought.

(c) Convenience of the parties and witnesses. On motion of any party, the court may transfer any action to any other circuit court where the action might have been brought if the transfer is for the convenience of the parties and witnesses and serves the interests of justice.

(d) Actions involving common questions of law or fact.

(1) If civil actions involving one or more common questions of law or fact are pending in more than one judicial circuit, the actions or any claims or issues in the actions may be transferred in accordance with this section for consolidated pretrial proceedings or trial to a circuit court in which (A) the actions to be transferred might have been brought, and (B) similar actions are pending.

(2) A transfer under this section may be made on motion of a party or on the transferor court's own initiative. When transfer is being considered on the court's own initiative, the circuit administrative judge having administrative authority over the court shall enter an order directing the parties to show cause on or before a date specified in the order why the action, claim, or issue should not be transferred for consolidated proceedings. Whether the issue arises from a motion or a show cause order, on the written request of any party the circuit administrative judge shall conduct a hearing.

(3) A transfer under this section shall not be made except upon (A) a finding by the circuit administrative judge having administrative authority over the transferor court that the requirements of subsection (d) (1) of this Rule are satisfied and that the transfer will promote the just and efficient conduct of the actions to be consolidated and not unduly inconvenience the parties and witnesses in the actions subject to the proposed transfer; and (B) acceptance of the transfer by the circuit administrative judge having administrative authority over the court to which the actions, claims, or issues will be transferred.

(4) The transfer shall be pursuant to an order entered by the circuit administrative judge having administrative authority over the transferor court. The order shall specify (A) the basis for the judge's finding under subsection (d) (3) of this Rule, (B) the actions subject to the order, (C) whether the entire action is transferred, and if not, which claims or issues are being transferred, the effective date of the transfer, (E) the nature of the proceedings to be conducted by the transferee court, (F) the papers, or copies thereof, to be transferred, and (G) any other provisions deemed necessary or desirable to implement the transfer. The transferor court may amend the order from time to time as justice requires.

(5)(A) If, at the conclusion of proceedings in the transferee court pursuant to the order of transfer, the transferred action has been terminated by entry of judgment, it shall not be remanded but the clerk of the transferee court shall notify the clerk of the transferor court of the entry of the judgment.

(B) If, at the conclusion of proceedings in the transferee court pursuant to the order of transfer, the transferred action has not been terminated by entry of judgment and further proceedings are necessary,

(i) within 30 days after the entry of an order concluding the proceeding, any party may file in the transferee court a motion to reconsider or revise any order or ruling entered by the transferee court, motion, and

(ii) if such a motion is filed, the transferee court shall consider and decide the

(iii) following the expiration of the 30-day period or, if a timely motion for reconsideration is filed, upon disposition of the motion, the circuit administrative judge having administrative authority over the transferee court shall enter an order remanding the action to the transferor court. Notwithstanding any other Rule or law, the rulings, decisions, and orders made or entered by the transferee court shall be binding upon the transferor and the transferee courts.

* * *

Rule 2-332. Third-party practice.

(a) Defendant's claim against third party. A defendant, as a third-party plaintiff, may cause a summons and complaint, together with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action, to be served upon a person not a party to the action who is or may be liable to the defendant for all or part of a plaintiff's claim against the defendant. A person so served becomes a third-party defendant.

(b) Response by third party. A third-party defendant shall assert defenses to the third-party plaintiff's claim as provided by Rules 2-322 and 2-323 and may assert counterclaims against the

third-party plaintiff and cross-claims against other third-party defendants as provided by Rule 2-331. The third-party defendant may assert against the plaintiff any defenses that the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff.

(c) Plaintiff's claim against third party. The plaintiff shall assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert defenses as provided by Rules 2-322 and 2-323 and may assert counterclaims and cross-claims as provided by Rule 2-331. If the plaintiff fails to assert any such claim against the third-party defendant, the plaintiff may not thereafter assert that claim in a separate action instituted after the third-party defendant has been impleaded. This section does not apply when a third-party claim has been stricken pursuant to section (e) of this Rule.

(d) Additional parties. A third-party defendant may proceed under this Rule against any person who is or may be liable to the third-party defendant for all or part of the claim made in the pending action. When a counterclaim is asserted against a plaintiff, the plaintiff may cause a third party to be brought in under circumstances that would entitle a defendant to do so under this Rule.

(e) Time for filing. If a party files a third-party claim more than 30 days after the time for filing that party's answer, any other party may file, within 15 days of service of the third-party claim, a motion to strike it or to sever it for separate trial. When such a motion is filed, the time for responding to the third-party claim is extended without special order to 15 days after entry of the court's order on the motion. The court shall grant the motion unless there is a showing that the late filing of the third-party claim does not prejudice other parties to the action.

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MARYLAND RULES

TITLE 2. CIVIL PROCEDURE- CIRCUIT COURT

CHAPTER 500. TRIAL

Rule 2-506. Voluntary Dismissal. * * *

(a) By notice of dismissal or stipulation. Except as otherwise provided in these rules or by statute, a party who has filed a complaint, counterclaim, cross-claim, or third-party claim may dismiss all or part of the claim without leave of court by filing (1) a notice of dismissal at any time before the adverse party files an answer or (2) by filing a stipulation of dismissal signed by all parties to the claim being dismissed.

(b) By order of court. Except as provided in section (a) of this Rule, a party who has filed a

complaint, counterclaim, cross-claim, or third-party claim may dismiss the claim only by order of court and upon such terms and conditions as the court deems proper. If a counterclaim has been filed before the filing of a plaintiff's motion for voluntary dismissal, the action shall not be dismissed over the objection of the party who filed the counterclaim unless the counterclaim can remain pending for independent adjudication by the court.

(c) Effect. Unless otherwise specified in the notice of dismissal, stipulation, or order of court, a dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a party who has previously dismissed in any court of any state or in any court of the United States an action based on or including the same claim.

(d) Costs. Unless otherwise provided by stipulation or order of court, the dismissing party is responsible for all costs of the action or the part dismissed.

* * *

Rule 2-519. Motion for judgment.

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(a) Generally. A party may move for judgment on any or all of the issues in any action at the close of the evidence offered by an opposing party, and in a jury trial at the close of all the evidence. The moving party shall state with particularity all reasons why the motion should be granted. No objection to the motion for judgment shall be necessary. A party does not waive the right to make the motion by introducing evidence during the presentation of an opposing party's case.

(b) Disposition. When a defendant moves for judgment at the close of the evidence offered by the plaintiff in an action tried by the court, the court may proceed, as the trier of fact, to determine the facts and to render judgment against the plaintiff or may decline to render judgment until the close of all the evidence. When a motion for judgment is made under any other circumstances, the court shall consider all evidence and inferences in the light most favorable to the party against whom the motion is made.

(c) Effect of denial. A party who moves for judgment at the close of the evidence offered by an opposing party may offer evidence in the event the motion is not granted, without having re- served the right to do so and to the same extent as if the motion had not been made. In so doing, the party withdraws the motion.

(d) Reservation of decision in jury cases. Ina jury trial, if a motion for judgment is made at the close of all the evidence, the court may submit the case to the jury and reserve its decision on the motion until after the verdict or discharge of the jury. For the purpose of appeal, the reservation constitutes a denial of the motion unless a judgment notwithstanding the verdict has been entered.

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Rule 2-532. Motion for judgment notwithstanding the verdict.

(a) When permitted. Ina jury trial, a party may move for judgment notwithstanding the verdict only if that party made a motion for judgment at the close of all the evidence and only on the grounds advanced in support of the earlier motion.

(b) Time for filing. The motion shall be filed within ten days after entry of judgment on the verdict or, if no verdict is returned, within ten days after the discharge of the jury. If the court reserves ruling on a motion for judgment made at the close of all the evidence, that motion becomes a motion for judgment notwithstanding the verdict if the verdict is against the moving party or if no verdict is returned. A motion for judgment notwithstanding the verdict filed after the announcement or signing by the trial court of a judgment or the return of a verdict but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket.

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(c) Joinder with motion for new trial. A motion for judgment notwithstanding the verdict may be joined with a motion for a new trial.

(d) Effect of failure to make motion. Failure to move for a judgment notwithstanding the verdict under this Rule does not affect a party's right upon appeal to assign as error the denial of that party's motion for judgment.

(e) Disposition. If a verdict has been returned, the court may deny the motion, or it may grant the motion, set aside any judgment entered on the verdict, and direct the entry of a new judgment. If a verdict has not been returned, the court may grant the motion and direct the entry of judgment or order a new trial. If a party's motion for judgment notwithstanding the verdict is granted, the court at the same time shall decide whether to grant that party's motion for new trial, if any, should the judgment thereafter be reversed on appeal.

(f) Effect of reversal on appeal.

(1) When judgment notwithstanding the verdict granted. If a motion for judgment notwithstanding the verdict is granted and the appellate court reverses, it may (A) enter judgment on the original verdict, (B) remand the case for a new trial in accordance with a conditional order of the trial court, or (C) itself order a new trial. If the trial court has conditionally denied a motion for new trial, the appellee may assert error in that denial and, if the judgment notwithstanding the verdict is reversed, subsequent proceedings shall be in accordance with the order of the appellate court.

(2) When judgment notwithstanding the verdict denied. If a motion for judgment notwithstanding the verdict has been denied and the appellate court reverses, it may (A) enter judgment as if the motion had been granted or (B) itself order a new trial. If the motion for

judgment notwithstanding the verdict has been denied, the prevailing party may, as appellee, assert grounds entitling that party to a new trial in the event the appellate court concludes that the trial court erred in denying the motion. If the appellate court reverses the judgment, nothing in this Rule precludes it from determining that the appellee is entitled to a new trial or from directing the trial court to determine whether a new trial should be granted.

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