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Asked 6 months ago - Baltimore, MD
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My case was dismissed in the Circuit Court, however I believe the judge erred in his decision, which I can prove with new evidence. I just found out that the Appeals court is allowing the case to go forward.
The CC courts dismissal also stated that they can't decide certain claims, without further evidence. What I need to know is, would it NOW be possible for me to ask for a 2nd amended complaint, where I can add my new evidence and remove some of the irrelevant things that were in it and possible add some witnesses?
If I can't do that in the Appeals Court, is it possible to show them how the judge erred and have the case remanded back down to that court and ALSO ask for an amended complaint to add that evidence he talked about...
I agree with Alan's comments, but would want to know more about your specific type of case and what happened to determine whether there is any basis for an appeal. Also, you will need to know the appropriate standard of review (de novo, abuse of discretion, etc.) to be employed by the appellate court as that can make a huge difference. Finally, under the Maryland Rules of Civil Procedure, there are very limited situations (fraud, mistake, irregularity) where the trial court can exercise revisory power over its original judgment. Bottom line: You should consult with an attorney ASAP but it may be too late since a judgment has already been entered.
You cannot amend in the lower court because that court has no further jurisdiction while the matter is on appeal. You cannot amend in the appeal court because it is a court of review.
What you should have done is move to amend "in the alternative" and have the pleading you wanted in the record. Then the appeal court could have heard your argument about it.
This is something I learned after years of practice in the law and have used it many times representing my clients. Having a lawyer does matter
Once the case is remanded to the circuit court, you can file an amended complaint; however, the defendant can oppose it. More details would be needed top determine whether your amendment falls within the rule allowing amendments to pleadings. Generally, you cannot change the nature of the action or the relief you are requesting, and there are also limitations based upon how close you are to the trial date in circuit court. If you are just adding factual allegations to support you cause of action, it should be allowed. Once the Court of Special Appeals (CSA) remands a case, you have to wait for the "mandate" of the CSA to be issued (30 days after the opinion is signed and filed), before the remand actually takes place and the decision becomes final. During that 30 day time frame, the defendant may petition to the Court of Appeals (COA) for review of the CSA opinion (it's called a "petition for writ of certiorari"). If the COA accepts the appeal (it's theri discretion whether to hear a case), then you will have to file all new briefs in the COA. You cannot file anything in the circuit court to amend your complaint until after the case is remanded back there.
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