FORMS! October 2019 Law Library Association of Maryland

FORMS! FORMS! FORMS!

Legal Research InstituteOctober 2019Law Library Association of Maryland

Mary Jo LazunCharles County Public Law Library

301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Legal Communication

The business of law is transacted via forms

Tool to record agreements

Method to request court action

Almost every legal action has starts with form and ends with one

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Legal forms are use to:

§ File a complaint

§ Make a motion

§ File for divorce

§ Request an appeal

§ Make a contact

§ Transfer property

§ Form a corporation § Make a will § Endless

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Types of Forms

1. Filed In CourtRequesting action by the court

2. Not Filed In CourtUsually agreements. If all goes well will not be filed in court

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

1. Filed In CourtDivorce

Guardianship

Visitation

Small Claims

Child Support

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This Photo by Unknown Author is licensed under CC BY-SA

This Photo by Unknown Author is licensed under CC BY

301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

2. Not Filed In CourtLease

Advance Directives

Real Estate Transactions

Will and Trusts

Employment Contract

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Where can you find legal forms?

■ Filed in Court

– Maryland Judiciary– Maryland People’s Law Library– Form Books from Court Law Library

■ Not Filed in Court

– Maryland People’s Law Library– Form Books from Court Law Library

■ Avoid

– Most free sites

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Form Books8

301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Parts of a Form

■ Title– At the start

■ Petition or Complaint

– Motion or Notice■ During the legal

process– Order

■ Final determination

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

■ Parties– Plaintiff■ Person asking

for an action– Defendant■ Person who

must respond aka person being sued

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Parts of the Form

301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

■ Jurisdiction– Where file?

■ District Court– Traffic– Landlord

Tenant– Small Claims

■ Circuit Court– Family Law– Injunction– Large Claims

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Parts of the Form

301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

■Case Number– Assigned by

the Court

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Parts of the Form

301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

■Certificate of Service– Notice that the

other party knows what has been filed

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Parts of the Form

301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Example 1: Filed in CourtChange in Visitation

■ Situation– Divorced 3 years ago– Your daughter, Meg stays with you on weekends– You have new work schedule 4/10 would like to see her Friday-Sunday

■ File for Change in Visitation– Locate the Form– Fill Out the Form– Check for other forms (there is always another form)– File the form

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Locating the Form?

■ Filed in Court?

– Maryland Judiciary■ Google “maryland legal 'form locater”

– Maryland People’s Law Library

■ Not Filed in Court?

– Maryland People’s Law Library– Court Law Library

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Maryland Court Forms Finder16

301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Maryland Court Forms Finder17

Form 1

Civil DomesticCaseInformationReport

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Form 2:

Petition / Motion To Modify Custody or Visitation

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Information Needed to Fill Out the Forms

■ Your daughter, Meg was born 4/16/2009

■ She stays with you on weekends and with her father on weekdays (visitation)

■ Her father has legal custody

■ You have new work schedule 4/10 would like to see her Friday-Sunday

■ Former spouse will not agree.– Mary Jo Lazun – 200 Charles Street La Plata, MD

20646 – 301-932-3322– mjlazun@mdcourts.gov

■ Wish to file to modify visitation order– Case Number 08-FM-17-00001

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Next Steps:Where file the forms?

• Jurisdiction

• Venue

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Who has jurisdiction over case? What court will hear the case?

District Court– Small Claims– Traffic– Landlord Tenant– Return of Property

Circuit Court– Family Law– Large Claims– Writ of Mandamus– Injunction

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Who has venue? Which circuit court do I file the form?

Usually where the plaintiff lives or does businessbut, when children are involved venue is in the county where the child lives.

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

What’s next?

Defendant gives their answer Court hearing Court issue and order

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

When in doubt, file a motion■ A motion is simply a form that asked the court to “move” or take an action.

■ Generic motion form

– District Court– Circuit Court

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

2. Not Filed In CourtLease

Advance Directives

Real Estate Transactions

Will and Trusts

Employment Contract

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Example 2: Not Filed In CourtAdvanced Directives

■ Situation

– Major surgery coming up– Lots of potential medical issues– Ensure that medical team knows your wishes if something goes wrong

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

Locating the Form?

■ Filed in Court?

– Maryland Judiciary■ Google “maryland legal 'form locater”

– Maryland People’s Law Library

■ Not Filed in Court?

– Maryland People’s Law Library– Court Law Library

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

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301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

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“External Resources” will often link to

forms

301-932-3322 | Mary Jo Lazun | mjlazun@mdcourts.gov

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Questions?

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