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Asker

Posted over 13 years ago.

Ok, I think we are a little mixed up here...

The case has actually gone through the Circuit Court already and was dismissed and I have already requested an appeal. Because there is now a change in my circumstances, my question has changed a little.

I found out today that the COSA has agreed to hear the case without a pre-trial hearing, which I think means that I've already passed the standing and jurisdiction aspects, RIGHT?

Now, I do not want to amend my complaint to change any causes of action or anything, I just want to add in NEW FOUND evidence that further corroborates my evidence in my 1st amended complaint and that proves beyond reasonable doubt that the judge erred in his decision.

So, do I move forward with my case in the COSA and bring all the evidence I have (record extraction) and try to prove to them how the Circuit Court judge erred and THEN ask to have it remanded back down and also ask to amend, or can the COSA overturn the lower courts decision and rule in my decision, where I won't have to remand back down?

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Asker

Posted over 13 years ago.

Also, how would I "ADD IN" those NEW factual allegations, do I add them into my appellate brief or do I have to do some kind of motion?

Also, I can further prove my allegations, and supply the court the evidence that the lower court was asking for, if I can get a few documents, but these documents must be court ordered, how to I add this to my complaint, is there a motion or something I can do to bring in requested evidence they asked for or a way to add witnesses/affidavits that aren't in the 1st amended complaint?

Mark W. Oakley

Mark W. Oakley Rockville Litigation Lawyer

Posted over 13 years ago.

You are confused. The CSA 's decision was to order that the appeal proceed without a settlement conference (there are no "trials" on appeal). All that means is that the CSA does not believe there is any value to having both sides in this appeal meet with a judge to discuss ways the dispute might be resolved without filing briefs. You have not "won" anything yet. You will receive a briefing order (if you have not already) which will set forth the date your brief is due. The CSA is required to hear all appeals--it has no discretion not to, although it may identify legal reasons why the appeal is not proper or should be dismissed without reaching the actual merits of the appeal. The CSA cannot entertain amendments to the pleadings coming up for review from the circuit court. The circuit court record is ALL that can be reviewed. Nothing else. The only way to amend pleadings originally filed in the circuit court is to succeed on your appeal to reverse the dismissal on legal grounds, and then after the case is remanded to circuit court, move to amend.