Maryland Assessment Procedure Manual
Main_Content
Category: | Maryland Tax Court | Category No.: | 229 | Subject: | General Information | Subject No.: | 010 | Topic: | Preliminary Motions | Topic No.: | 35 | Date Issued: | 5/1/1991 | Revision Date: | 2/8/1995 | Several types of preliminary motions may be submitted by either
party.
- A motion to dismiss, generally offered by the Respondent, may be
filed in lieu of an answer. The other party has 30 days in which to
respond, after which the Court may grant or deny the motion or set a
hearing on the motion. If the motion is granted, the case is dismissed
without further consideration. If the motion is not granted, the case
proceeds and, if an answer or notice of intention to defend has not been
filed it must then be filed.
- A motion to strike may be filed when the moving party feels that something inappropriate or objectionable has
been put into the record.
- Either party may make a motion for
consolidation when pending petitions involve common questions of law
or fact. The Court may then order a joint hearing of matters in dispute or
order any or all of the cases consolidated for trial. MTC10A. When a
subsequent petition involves the same issues as a petition previously
filed, the Court can issue a stay to delay or withhold a hearing,
in order to abide by the ultimate decision on the prior petition. MTC10B.
- A request for continuance (postponement of hearing date) may be granted by written
Court order only upon written request, which must be served on the
opposing side. The request must state the reasons for continuance, and
the Court may require documentary proof. MTC08. In certain instances,
the Court, in its discretion, shall hold a hearing on the motion.
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