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 | [email protected]

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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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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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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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


2. Not Filed In CourtLease

Advance Directives

Real Estate Transactions

Will and Trusts

Employment Contract

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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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Form Books8


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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■ Parties– Plaintiff■ Person asking

for an action– Defendant■ Person who

must respond aka person being sued

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Parts of the Form


■ 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


■Case Number– Assigned by

the Court

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Parts of the Form


■Certificate of Service– Notice that the

other party knows what has been filed

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Parts of the Form


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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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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Maryland Court Forms Finder16


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– [email protected]

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

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Next Steps:Where file the forms?

• Jurisdiction

• Venue

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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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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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What’s next?

Defendant gives their answer Court hearing Court issue and order

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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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2. Not Filed In CourtLease

Advance Directives

Real Estate Transactions

Will and Trusts

Employment Contract

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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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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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“External Resources” will often link to

forms


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Questions?

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Documents

FORMS! October 2019 Law Library Association of Maryland