My question involves Maryland Circuit Court civil procedures. Maryland Case Law, Atlantic Reporter Cases or U.S. Law is requested.
A discovery request by defendant was received and responded to within 30 days of the post marked date. A copy was mailed the response was mailed and faxed to the defendant and a copy of the certificate of mailing the discovery request mailed to the court on the same day. The defendant received both copies within the 30 day period. However, the court did not stamp its certificate of mailing copy as "filed" until a few days after the 30 day period. These mailing were made over the Christmas holiday when the post office had irregular hours.
The Defendant filed a motion to strike the discovery response simply stating the discovery response was not "filed" with the court within 30 days. However, the Defendant clearly had the discovery response in hand in a timely manner.
1) Does anyone know of any case law out there that states the Defendant isn't prejudiced since he received the response to the discovery request in a timely manner? (Maryland does not accept discovery documentation to be filed with the court.)
2) Any other suggestions for how to respond would be helpful!