What can I expect if my case decision is put under advisement or my disposition is sub curia?

Asked about 2 years ago - Baltimore, MD

So I had a dismissal hearing and made up a paper of what I was going to say at my hearing which also included a lot of new evidence regarding my case and I asked the judge if I could give him and the other attorney a copy, so they could follow along. He agreed and later admitted it as a brief of pleadings and authorities.

He said he wanted to read through what I had given him and was putting the case under advisement until he could go over the new additions to my case.

What should I expect from this?

Should I be happy that there wasn't an outright dismissal?

If he agrees that the case can mover forward, does that mean I get my case on the merits, to prove my claims?

If it's dismissed, is there a certain amount of time that I need to file an appeal or is it different for all states?

Attorney answers (1)

  1. Mark William Oakley

    Contributor Level 18

    Answered . It appears as though the judge will issue his decision in writing (either a simple order granting or denying the motion to dismiss, or a more detailed memorandum and opinion explaining the grant or denial). Generally, a judge will sign and date an order, and mail copies to all parties; meanwhile, the original is attached to the court file and is sent back to the clerk's office to be "entered" into the docket. The clerk then mails out another copy with the date stamp on it showing the date of entry. Your appeal time begins to run from the date the clerk enters it into the court docket, not the date the judge signed the order (there is often a lag time between the two dates). Most appeals must be filed within 30 days (you simply file a one page "notice of appeal", followed later by a brief or memorandum, depending on the appeal type), but you do not describe the type of case, and there are some appeals which have shorter filing deadlines (for instance, an appeal from a landlord-tenant eviction case from District Court to Circuit Court).

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