Monday, September 17, 2012

It's clear my next post is a long one...

My next Rule is about Maryland Rule 1-201 - the rules of construction.  In essence, the Rule states that the existence of the Rules is to do justice, and to be equitable.  That there is a purposed to these Rules.  Mind you, I've never actually relied on this Rule in motions - though I have called upon it in when arguing about the construction of a Rule (usually begging for wiggle room for my client) and in appellate practice.  I've been reading all the cases in the annotation citing this Rule - and it's been fascinating so far.  Essentially, this Rule is a gut feeling rule - if the Rules aren't doing justice, they aren't doing their job.

Suffice to say, I'm about to post on another recent case instead.

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