Legal Question in Civil Litigation in Maryland

Filing Objection to a Motion

I'm a Pro Se litigant in a civil case. In March, our case was brought before a certain Judge. Certain evidence I wanted admitted was not and the Def moved for Judgment. Instead of ruling on Judgment, the Judge returned all documents, continued the case and advised me to get an attorney. For economical reasons, I've decided to continue Pro Se (I have consulted with several attorneys and done LOTS of research). Well, today, I receive a Motion from the Def requesting the same Judge (case has been set before new Judge) and I'd like to object. I feel that my decision to go against his suggestion and continue Pro Se will not endear me to the Judge and could possibly hurt me and make him tougher on me. One of the reasons that the Def's attorney gave to have the same Judge is that I'd testified and evidence was admitted. This is not true. Although, I introduced evidence, nothing was officially entered (I retained all records..Judge kept nothing) and the Def gave NO testimony in defense of my allegations. Based on this info, what are valid reasons for objecting to same Judge? I'd like to mail my objection ASAP.

Thanks so much for all input. It's truly appreciated.


Asked on 4/16/04, 7:27 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Filing Objection to a Motion

You didn't say why the case was transferred to a new judge, but if it's normal court scheduling, I doubt that the court will grant the opposition's motion. The opposition you contemplate based on the judge's "prejudice" because you're still pro se is ill founded, unwise, and probably unnecessary.

The judge who returned your papers to you and advised you to get an attorney was trying to help you. He knew you are overmatched against an attorney on the other side and wanted to give you a last chance to save your case before it's thrown out. If the case is important to you, you should take his advice; it sounds like the case is on the verge of being dismissed because you don't know how to prove it.

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Answered on 4/19/04, 9:53 am


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