Amendment of pleadings

Technology should make our lives easier. I have only used typewriters a handful of times in my life, but I love hearing from older attorneys about how difficult it was to type up a pleading — make an error, and that page had to be redone. Make an error and find out about it ten pages later, sometimes eleven pages had to be redone. Which is why Rule 2-341(e) of the Maryland Rules, had it been in effect in the 70s, would have been a big hassle. That rule requires: Highlighting of Amendments.  Unless the court orders otherwise, a party filing an amended pleading also shall file at the same time a comparison copy of the amended pleading showing by lining through or enclosing in brackets material that has been stricken and by underlining or setting forth in bold-faced type new material. Curiously, this rule, based on Local Rule 103(6)(c) of the Rules of the United States District Court of the District of Maryland, applies to circuit court cases, and there is no counterpart for district court cases. Perhaps the Rules Committee figures that district court practice is too fast-paced to warrant this protocol. I bet if they knew how easy it was to comply, they would change their tune. Some people try to do this manually — going through a pleading, selecting a portion to be excised, right-clicking it, selecting "font," and then clicking "strikethrough" to show a deletion. Try doing that in a 100-paragraph pleading. If you want an easier way, this is it (for Word 2010 users):

One comment

  1. Charles Jannace

    Adobe Acrobat X (and earlier versions) also has a great compare function that I find easier and more user friendly than WP or Word.

Leave a Reply

Your email address will not be published. Required fields are marked *