A defendant moves to dismiss a suit against it for lack of personal jurisdiction. The plaintiff responds in opposition and requests a hearing. The court grants the Defendant's motion without holding a hearing that Plaintiff specifically requested. Does Rule 3-311(f) require a hearing since plaintiff requested it as provided under the Rules.
No. A hearing is only mandated if the dismissal finally disposes of a claim or defense in the action. A dismissal based upon lack of personal jurisdiction over a party does not finally dispose of any claims or defenses in the action, which are not even addressed. It may put the plaintiff out of their forum of choice, but it does not decide any of the plaintiff's substantive claims. The plaintiff can refile the case in a court having personal jurisdiction over the defendant.
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