I was plaintiff in Maryland District Court small civil case.
Case was ruled in my favour.
Defendant filed Civil Appeal form and case is now
in Maryland Circuit Court awaiting scheduling of trial date.
A few days ago I discovered that Civil Appeal form was not signed
either by defendant or defendant's attorney
(probably it was filed by relative or friend of defendant).
I have proof of that, because I have other papers with signature of defendant.
Civil Appeal form signed with the name of defendant, but it is not signature of defendant.
My questions:
Is this form and appeal valid if it was not signed
either by defendant or defendant's attorney?
If it is not valid, should I write about it to District Court (where appeal was filed) or
should I write about it to Circuit Court (where appeal case is now awaiting trial)?
Thank you in advance for your reply.
Below is Rule 1-311 from Maryland General Provisions
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Rule 1-311. Signing of pleadings and other papers
(a) Requirement.- Every pleading and paper of a party represented by an attorney shall be signed by at least one attorney who has been admitted to practice law in this State and who complies with Rule 1-312. Every pleading and paper of a party who is not represented by an attorney shall be signed by the party. Every pleading or paper filed shall contain the address and telephone number of the person by whom it is signed. It also may contain that person's business electronic mail address and business facsimile number.
(b) Effect of signature.- The signature of an attorney on a pleading or paper constitutes a certification that the attorney has read the pleading or paper; that to the best of the attorney's knowledge, information, and belief there is good ground to support it; and that it is not interposed for improper purpose or delay.
(c) Sanctions.- If a pleading or paper is not signed as required (except inadvertent omission to sign, if promptly corrected) or is signed with intent to defeat the purpose of this Rule, it may be stricken and the action may proceed as though the pleading or paper had not been filed. For a willful violation of this Rule, an attorney is subject to appropriate disciplinary action.
Case was ruled in my favour.
Defendant filed Civil Appeal form and case is now
in Maryland Circuit Court awaiting scheduling of trial date.
A few days ago I discovered that Civil Appeal form was not signed
either by defendant or defendant's attorney
(probably it was filed by relative or friend of defendant).
I have proof of that, because I have other papers with signature of defendant.
Civil Appeal form signed with the name of defendant, but it is not signature of defendant.
My questions:
Is this form and appeal valid if it was not signed
either by defendant or defendant's attorney?
If it is not valid, should I write about it to District Court (where appeal was filed) or
should I write about it to Circuit Court (where appeal case is now awaiting trial)?
Thank you in advance for your reply.
Below is Rule 1-311 from Maryland General Provisions
================================================
Rule 1-311. Signing of pleadings and other papers
(a) Requirement.- Every pleading and paper of a party represented by an attorney shall be signed by at least one attorney who has been admitted to practice law in this State and who complies with Rule 1-312. Every pleading and paper of a party who is not represented by an attorney shall be signed by the party. Every pleading or paper filed shall contain the address and telephone number of the person by whom it is signed. It also may contain that person's business electronic mail address and business facsimile number.
(b) Effect of signature.- The signature of an attorney on a pleading or paper constitutes a certification that the attorney has read the pleading or paper; that to the best of the attorney's knowledge, information, and belief there is good ground to support it; and that it is not interposed for improper purpose or delay.
(c) Sanctions.- If a pleading or paper is not signed as required (except inadvertent omission to sign, if promptly corrected) or is signed with intent to defeat the purpose of this Rule, it may be stricken and the action may proceed as though the pleading or paper had not been filed. For a willful violation of this Rule, an attorney is subject to appropriate disciplinary action.